These Terms of Use (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available in the United States and its territories and possessions by Akari Online, Inc and its subsidiaries, representatives, affiliates, officers and directors (collectively, “Akari Online”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Akari Online. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Akari Online may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Akari Online ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Akari Online may amend the Terms from time to time. Amendments will be effective upon Akari Online’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Akari Online changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Akari Online written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your Account to: admin[at]acakid.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Akari Online’s collection and use of personal information in connection with the Services is described in Akari Online’s Privacy Statements located at www.acakid.com/privacy-policy/.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Akari Online on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Akari Online, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Akari Online by someone else.

Agreement to Binding Arbitration Between You and Akari Online.

You and Akari Online agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Akari Online, and not in a court of law.

You acknowledge and agree that you and Akari Online are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Akari Online otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Akari Online each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and Akari Online otherwise agree, the arbitration will be conducted in the county where Akari Online Inc is situated. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Akari Online submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Akari Online changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Akari Online written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Akari Online Inc (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: change-dr@Akari Online.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Akari Online in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Akari Online (DBA “Acakid” and “AkariTutoring”) is a tutoring service dedicated to help students to improve grades, to do better in school, to achieve academic excellence, enjoy school, and eventually succeed in life.

Akari Online is created based on the philosophy that success in life starts from success in school. Facts have shown that success in school will likely lead to success in life. The only way to do well in school is to love schooling.

Akari Online provides tutoring to help each registered student not only to do well in each particular subject matter but also to help the student enjoy their education.

The Services comprise web applications and related services (each, an “Application”), which enable users to arrange and schedule tutoring, in-class teaching and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Akari Online or certain of Akari Online’s affiliates (“Third Party Providers”).

Akari Online enables students to connect with highly qualified independent contractor tutors who provide live, one-to-one instruction, tutoring and learning services in either real or virtual classrooms. If students and parents prefer face-to-face and real tutoring sessions, our tutors can meet with the student at an agreed-upon location. Alternatively, students can receive private tutoring in their own home at via our virtual classroom at their convenience.

Our service also includes, without limitation, carefully selecting tutors. Our service facilitates feedback from students so that we can continue to maintain excellent service.

Another essential service of Akari Online is to require all tutors to pass stringent verification process to: (1) to confirm the validity of Tutors’ claimed educational credentials (2) to screen out suspicious history and (3) so select those who are matched with our philosophy of service.

Akari Online is currently available 365 days a year.

Unless otherwise agreed by Akari Online in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TUTORING, EDUCATION MATERIALS, AND/OR EDUCATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH Akari Online AS A PROVIDER OF EDUCATION AND TUTORING. WE’RE SOLELY A MARKETPLACE THAT FACILITATES THE REQUEST AND BOOKING FROM A STUDENT TO OUR THIRD PARTY PROVIDERS (TUTORS).

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Akari Online; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership.

The Services and all rights therein are and shall remain Akari Online’s property or the property of Akari Online’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Akari Online’s company names, logos, product and service names, trademarks or services marks or those of Akari Online’s licensors.

Akari Online may add, change or eliminate features, pricing, nomenclature and other aspects of our services and make other changes at any time and these terms contained in this agreement will continue to apply to the services as modified. Akari Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the services or any part thereof with or without notice. You agree that Akari Online shall not be liable to them or to any third party for any such modification, suspension, or discontinuance of the site or the services.

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Akari Online certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Akari Online. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Akari Online in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive tutoring and educational services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that Akari Online may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Akari Online account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving automatic text messages from Akari Online at any time, by replying with the word “STOP”.

Referrals and Promotional Codes.

Akari Online may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Akari Online establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Akari Online; (iii) may be disabled by Akari Online at any time for any reason without liability to Akari Online; (iv) may only be used pursuant to the specific terms that Akari Online establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Akari Online reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Akari Online determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Akari Online’s Terms.

User Provided Content.

Akari Online may, in Akari Online’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Akari Online through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Akari Online, you grant Akari Online a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Akari Online’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Akari Online the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Akari Online’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Akari Online in its sole discretion, whether or not such material may be protected by law. Akari Online may, but shall not be obligated to, review, monitor, or remove User Content, at Akari Online’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Akari Online does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You understand that use of the Services may result in weekly recurring charges to you for the services, or one time charge for the goods you receive (“Charges”). Akari Online will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.

All Charges and payments will be enabled by Akari Online using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Akari Online may stop providing the Services.

As between you and Akari Online, Akari Online reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Akari Online’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Akari Online will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Akari Online may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services.

Akari Online only enables each tutoring session based on payment approval of credit card. At the beginning or after the expiration of each student account, new credit payment is required for immediate continuation of the lessons. Thus, there is no grace period for late payment. Students are suggested to wait for the approval of credit payment to continue their lessons.

Akari Online stands behind our marketplace. We are very confident that our instructors will have a long lasting impact on your child’s growth and learning experience. That’s why we offer a money-back guarantee: if you are dissatisfied with our tutoring within 7 days of the program start date or 6 hours of tutoring completed, whichever comes first, we will fully refund your money. You might do this via filing a dispute in the Transaction History within the timeline described above.

In cases where you’d like money back due to scheduling issues, you’ll need to request a refund through Akari Online within 7 days of the payment. 

Akari Online reserves the right to resolve your dispute in your favor, or in the tutor’s favor, based on evidences from both parties. Akari Online also reserves the right to refund fully or partially based on the amount of hours being disputed, and/or based on the the evidences provided by both parties which provide the basis on calculating the actual number of hours being disputed. In any event, our resolution is final and may not be reversed.

To use Akari Online tutoring services, students must be at least 18 years of age. Students who are younger than 18 years old must have parental approval in order to join our services.
In consideration of use to our services, each student agrees to:

(a) provide accurate, current, and complete information prompted by a registration form on the Akari Online website; 
(b) maintain their own security of password and identification; 
(c) maintain and promptly update the registration data and/or any information provided to Akari Online to keep it accurate, current and complete; and 
(d) accept all risks of unauthorized access using student’s registration information such as username and password. 

Students are entirely responsible for all content that they upload, post, or otherwise transmit through your use of Akari Online service. 
Furthermore, students agree not to upload, post or otherwise transmit any contents that: 

(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Akari Online or other users of the website; 
(b) includes unauthorized disclosure of personal information; 
(c) violates or infringes anyone’s intellectual property rights; or 
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 

Akari Online reserves the right to remove any content that violates these Terms or that contains third-party commercial advertisements. 

Akari Online reserves the right to terminate service to any students by providing the student with notice of such termination, which shall be effective immediately upon delivery of such notice.

Akari Online may terminate services immediately cause and without notice for any breach by students of AkariTutoring’s terms or any of our applicable policies, as posted on the site from time to time. On the other hand, students may terminate services any time for any reason. In any case, refunds of any balance will be forwarded to students.

In the event of termination or expiration of these terms, all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, consequences of improper conduct, fraud or abuse, the provisions of this section which, by their nature apply after termination.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AKARI ONLINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, AKARI ONLINE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AKARI ONLINE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

AKARI ONLINE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AKARI ONLINE, EVEN IF AKARI ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AKARI ONLINE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF AKARI ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKARI ONLINE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AKARI ONLINE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT AKARI ONLINE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AKARI ONLINE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AKARI ONLINE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold AKARI ONLINE and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) AKARI ONLINE’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

The trademarks, service marks, and logos used and displayed on the Akari Online site are registered and unregistered Trademarks are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with Akari Online Content or software, without the written permission of the applicable Trademark owner.

Akari Online aggressively enforces our intellectual property rights to the fullest extent of the law. Students may not use the Trademarks, either Akari Online or others, in any way without the prior written permission of the Trademark owner.

Recognizing the global nature of the Internet, students agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, students agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the students reside.