User Agreement

Benjshap LLC (d/b/a Strumschool)
User Agreement

Welcome to the Benjshap LLC, d/b/a Strumschool (“Strumschool”) website – www.strumschool.com – and the guitar lessons platform operated by Strumschool (the “Service”).  This User Agreement (this “Agreement”) applies to users who visit and use the Service (collectively or individually “Users”).  Please read this Agreement carefully, as it (among other things) requires you and Strumschool to arbitrate certain claims instead of going to court and requires that there will not be class actions claims.

By CLICKING ON “I AGREE TO THE USER AGREEMENT AND PRIVACY POLICY” AND REGISTERING FOR A USER ACCOUNT, you acknowledge that you have read, understood, and agree to be bound by thIS AGREEMENT, INCLUDING THE ARBITRATION AND CLASS ACTION PROVISIONS OF SECTIONS 20 AND 21.  If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not  CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO use THE SERVICE.

NOTE TO KIDS UNDER 13 YEAR OF AGE:  The SERVICE is not FOR persons under the age of 13.  If you are under 13 years of http://www.strumschool.com/privacy-policyage, then please do not use the Service.  Talk to your parents about what sites are appropriate for you.

Privacy Policy.  Strumschool’s Privacy Policy, found at  is hereby incorporated into this Agreement.  Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Individual Features and Services.  When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into this Agreement.   Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

Modification.  Strumschool may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time, where such Changes will be effective with respect to existing users: (i) thirty (30) days after Strumschool provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your Service user account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.  If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Strumschool may (in its sole discretion) either allow continued use of the Service under the terms and conditions of the existing Agreement without the Changes or terminate this Agreement and your use of the Service.

Ownership; Proprietary Rights.  The Service is owned and operated by Strumschool.  The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service (“Strumschool Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  For clarity, Strumschool Materials do not include User Submissions or any other content owned by and submitted by Strumschool Users to the Service.  All Strumschool Materials are the property of Strumschool or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Strumschool or its affiliates and/or third-party licensors.  Except as expressly authorized by Strumschool, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Strumschool Materials.

Taking a Guitar Lesson.  

The Service allows you to request and engage in a video chat session with an available guitar teacher for purposes of receiving guitar instruction (a “Session”) and to participate in scheduled chats and other events (“Events”).  You agree to only engage in Sessions and Events for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session or Event.  Sessions are subject to teacher availability, and Strumschool does not guarantee that any particular (or any) guitar teacher will be available at any given time.  You hereby acknowledge that all guitar teachers are independent contractors offering their services to you via the Service and are not employees or agents of Strumschool.  Strumschool makes no representation or warranty regarding guitar teachers available for Sessions through the Service or the results of engaging in a Session or Event, including without limitation that your experience with a teacher will meet your expectations or goals.  You acknowledge that Strumschool has no duty to verify any stated credentials, experience or qualifications of any guitar teacher.  If you wish to register a complaint regarding any guitar teacher, please contact Strumschool at contact@strumschool.com.

You agree to pay all fees associated with Sessions and Events, as such fees are displayed to you at the time you sign up or initiate your participation, and hereby represent that you have all necessary rights with respect to the credit card number or other payment account you provide to Strumschool for Strumschool to charge such payment account for all fees incurred.  Such payment account will be charged upon completion of the Session or Event.  Any per-minute or other fees based on the length of a Session or Event shall be based on Strumschool’s measurements.  All fees are nonrefundable and are payable in U.S. dollars. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Strumschool’s net income.  You also agree to pay Strumschool any costs and expenses incurred by Strumschool, including reasonable attorneys fees, in recovering any fees due hereunder.  If you feel you have been charged for a Session or Event that did not occur or have been otherwise charged in error, please contact Strumschool at Contact@strumschool.com.

Teaching Guitar Lessons. If you are approved by Strumschool as a guitar teacher and given access to the teacher features of the Service, the terms of this Section 6 apply in addition to all other terms and conditions of this Agreement.  This Section 6 does not apply to you if you are not approved by Strumschool as a guitar teach and do not have access to the teacher features of the Service

You hereby represent and warrant that: (i) all information you have provided to Strumschool, whether written or oral, regarding your experience, credentials and qualifications relating to guitar instruction are accurate, complete and not misleading; (ii) you are regularly engaged in teaching the guitar to students outside the context of the Service; (iii) you are not bound by any contract, court order or other restriction of any kind that would prevent you from participating in Sessions and Events; and (iv) you will use your best efforts with respect to your participation in all Sessions and Events.

You do not make Strumschool any guarantee regarding the number or frequency of Sessions you will participate in or the days and times, if any, you will make yourself available on the Service to participate in Sessions.  Similarly, Strumschool makes no guarantee regarding the number or frequency of Sessions which may result from your making yourself available on the Service

You and Strumschool may agree from time to time that you shall participate as a guitar teacher in an Event.  In such case, you agree to use your best efforts to timely participate in such Event as agreed upon and shall further use your best efforts to provide Strumschool at least ten (10) business days’ prior written notice if you need to cancel such participation.  Strumschool reserves the right to cancel any Event, or your participation therein, at any time.

You will be paid for Sessions and Events in which you participate as a teacher in accordance with the rates communicated to you by Strumschool in your teacher approval e-mail notice (the “Rates”).  The Rates may be modified by Strumschool from time to time upon fifteen (15) days prior written notice to you.  If you disagree with any such modification, your sole remedy is termination of this Agreement upon written notice to Strumschool.  Strumschool shall make payments to you on a monthly basis, with each payment being made within thirty (30) days after the end of each month and covering Sessions and Events that occurred during such month, provided that where Rates are expressed as a share of revenue receiving by Strumschool for Sessions or Events, payment will only be made based on revenue actually received by Strumschool, less any refunds.  Any per-minute Rates or other Rates based on the length of a Session or Event shall be based on Strumschool’s measurements.  No payment shall be due to you in connection with any Session or Event with respect to which Strumschool determines you were in breach of this Agreement or applicable law.  Strumschool may adjust your account or require you to refund Strumschool for any payment previously made to you for which Strumschool is later required to refund the applicable User.  Strumschool makes no representation or warranty regarding the amount of money you will earn under this Agreement.

You acknowledge that you are not an employee of Strumschool and that you are not eligible for any health or other benefits that may be available to Strumschool employees.  You acknowledge that you are solely responsible for paying all local, state and federal taxes due in connection with payments made to you by Strumschool hereunder.  You agree to indemnify and hold Strumschool harmless from and against any: (i) determination that you are an employee of Strumschool; or (ii) any failure to pay any taxes due in connection with payments made to you by Strumschool hereunder.

Video Chat Sessions

Engaging in a Session requires compatible hardware and the download and installation of specified third party software.  You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software.  Strumschool is not the owner or licensor of any such software, and makes no representations or warranties of any kind regarding the software, including without limitation any representation or warranty that the software will meet your expectations, function correctly on your system or be free of errors, viruses or harmful or malicious code.  You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Service generally.

In connection with your participation in any Session, you agree not to engage in any activity that would infringe, misappropriate or violate any third party intellectual property rights or that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.  You agree to engage in Sessions for the sole purpose of learning how to play the guitar or (if you are approved by Strumschool in writing as a guitar teacher) to teach others how to play the guitar.  You acknowledge that Strumschool does not have any duty to monitor Sessions or have any control over the content of a Session, and that you may be exposed to material that you find objectionable in the course of engaging in a Session and that Strumschool shall have no liability in connection therewith.  To report any inappropriate activity with respect to a Session, please e-mail Strumschool at contact@strumschool.com.

Sessions and Events may be recorded or monitored by Strumschool.  You hereby consent to: (i) the monitoring or recording of any Session or Event you engage in, including your likeness therein; (ii) Strumschool copying and using such recordings for any business purpose, including without limitation for purposes of teacher evaluation, dispute resolution and improving the Service; (iii) such recording being made available to the other party to the Session or Event; (iv) such recording being used or disclosed by Strumschool to the extent required by law or legal process or to the extent Strumschool deems necessary for purposes of enforcing or protecting its rights or the rights of a third party.  You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Strumschool from using Session or Event recordings as contemplated hereunder, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session or Event recording or content therein to Strumschool to copy, modify, distribute and use such recording and content for its business purposes or as required by law or legal process.  Strumschool agrees not to publish any recording of a Session or Event that includes your likeness in a manner that would be available to the general public without your prior consent unless required by law or legal process.

User Submissions.  

The Service may permit the submission and posting of media, audio and video recordings, or any other content submitted by you and other users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions.  You understand that whether or not such User Submissions are published, Strumschool does not guarantee any confidentiality with respect to any User Submissions.  Strumschool does not control the content of User Submissions and does not have any obligation to monitor such content for any purpose.  If at any time, Strumschool chooses, in its sole discretion, to monitor the content, Strumschool nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Strumschool to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Strumschool and this Agreement, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Strumschool and this Agreement.

For clarity, you shall retain all of your ownership rights in your User Submissions.  However, by submitting User Submissions to Strumschool, you hereby grant Strumschool a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Service and Strumschool’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Strumschool or any third party; (ii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; or (iii) post advertisements or solicitations of business.  Strumschool does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Strumschool expressly disclaims any and all liability in connection with User Submissions.  Strumschool may, at any time, remove any User Submission that in the sole judgment of Strumschool violates this Agreement.

You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Strumschool with respect thereto, and agree to indemnify and hold Strumschool, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.  If you are a copyright holder and believe in good faith that your copyrighted content has been made available on the Service without your permission, you may contact us in accordance with our <DMCA Policy>.

Prohibited Uses.

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.  Access to the Strumschool Materials and the Service from territories where their contents are illegal is strictly prohibited.  Strumschool Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service.  You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.  You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service.  You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.  You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

The Service may contain robot exclusion headers.  You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

You may not utilize framing techniques to enclose any trademark, logo, or other Strumschool Materials without our express written consent.  You may not use any Strumschool logos, graphics, or trademarks, including as part of any meta tags or any other “hidden text,” without our express written consent.

You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Account Information.  You agree that the information you provide to Strumschool upon purchase or member registration and, at all other times, will be true, accurate, current, and complete.  You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

Password.  When you register you will be asked to provide a password.  As you will be responsible for all charges and other activities that occur under your password, you should keep your password confidential.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, you will immediately notify Strumschool.  You may be liable for the losses incurred by Strumschool or others due to any unauthorized use of your account.

User Communications.  Under this Agreement, you consent to receive communications from Strumschool electronically.  We will communicate with you by email or by posting notices on the Service.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Availability of Service.  Strumschool may make changes to or discontinue any of the media, contests, web communities, products, or services available within the Service at any time, and without notice.  The media, products, or services on the Service may be out of date, and Strumschool makes no commitment to update these materials on the Service.

Notice.  Except as explicitly stated otherwise, legal notices shall be served on Strumschool by internationally recognized overnight courier and be sent to Willmer Hale (Attn: StrumSchool.com) 950 Page Mill Road – Palo Alto, CA 94304 and shall be served on you to the email address or mailing address you provide to Strumschool during the registration process.  Notice shall be deemed given to Strumschool upon delivery by the courier, and given to you (if sent by e-mail) 24 hours after the e-mail is sent unless Strumschool is notified that the email address is invalid or (if notice is sent by mail) five (5) days after mailing.

Member Disagreements.  You alone are responsible for your involvement with other Users.  Strumschool reserves the right, but has no obligation, to monitor disagreements between you and other Users.

Violations; Termination.  You agree that Strumschool, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Service or your use of the Service, and remove and discard all or any part of your account or any User Submission, at any time.  Strumschool may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice.  You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Strumschool shall not be liable to you or any third-party for any such termination.  Strumschool does not permit copyright infringing activities on the Service, and reserves the right to terminate access to the Service, and remove all content submitted, by any persons who are found to be repeat infringers.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Strumschool may have at law or in equity.

Disclaimers; No Warranties.  THE SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STRUMSCHOOL, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

STRUMSCHOOL, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

STRUMSCHOOL, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT STRUMSCHOOL NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION.  YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless.  You agree to indemnify and hold Strumschool, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.  Strumschool reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability and Damages.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STRUMSCHOOL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE STRUMSCHOOL MATERIALS ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH STRUMSCHOOL, EVEN IF STRUMSCHOOL OR A STRUMSCHOOL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, STRUMSCHOOL’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL STRUMSCHOOL’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO STRUMSCHOOL HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) U.S. DOLLARS, PROVIDED THAT IF YOU ARE AN APPROVED GUITAR TEACHER ON THE SERVICE SUCH TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNTS PAYABLE BY STRUMSCHOOL TO YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (2) FIFTY (50) U.S. DOLLARS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN STRUMSCHOOL AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.

Arbitration.  Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought  by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

Class Action Waiver.  You further agree that any CLAIMS subject to arbitration under section 20 MUST BE MADE IN YOUR INDIVIDUAL capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Miscellaneous.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to mandatory arbitration under Section 20 shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Strumschool without restriction.  Sections 1, 2, 4, 5.2, 6.1, 6.5, 7, 8, 9, and 11 through 22 will survive any termination of this Agreement.  The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Strumschool as set forth in Section 3 above.

More Information; Complaints.  The services hereunder are offered by Benjshap LLC (d/b/a Strumschool), located at Willmer Hale (Attn: StrumSchool.com) – 950 Page Mill Road – Palo Alto, CA 94304, email: contact@strumschool.com, telephone: 415-484-8274.  If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.

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