Terms of Services
Key Term: USER – refers to all USERs who browse the website, register, and use services (paid or unpaid) at Haddee.com (HADDEE). These Terms of Service apply to all USERs of the Website, including without limitation USERs who are browsers, vendors, partners, customers, merchants, advertisers, and/or contributors of content. EDUCATOR, one type of USER, is defined as those who provide education services (paid or unpaid) to students on HADDEE, via curriculum development and /or via teaching classes.
Ivy Learning Group, LLC, (doing business as HADDEE) provides its services (described below) to USER through its website located at HADDEE.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). HADDEE is used throughout the Agreement as the Terms of Services only pertain to the services provided by haddee.com from Ivy Learning Group, LLC and does not pertain to any other services outside Haddee.com provided by Ivy Learning Group, LLC.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding USER’s legal rights, remedies, and obligations. By accessing or using any part of the Website, USER indicates USER’s acceptance of the Terms and agrees to be bound by the Terms of Service. If USER does not agree to all the Terms, then USER may not access the Website or use any of the Services. If USER has any questions regarding the Terms of Service, please contact us at (hello@haddee.com). The agreement to arbitrate requires (with limited exception) that USER submits claims USER has against us to binding and final arbitration, and further (1) USER will only be permitted to pursue claims against Ivy Learning Group, LLC on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) USER will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. USER can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service. It is the USER’s responsibility to check this page periodically for changes. USER’s continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
When using certain aspects of the Services or using certain Services, USER will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our privacy policy. All such terms are hereby incorporated by reference into these Terms of Service.
HADDEE’s Services consist of an online platform and platform by collaborating with EDUCATORS to develop curriculum and/or teach classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children, and also for students to seek various internship opportunities (paid or unpaid) at HADDEE and with our various employer partners. While HADDEE strives to a high standard of service, USER acknowledges and agree that: (1) HADDEE is not a party to any agreements entered into between USERs and Parents, (2) HADDEE only provides certain tools to facilitate the purchase, sale, and provision of Classes, (3) Parents contract for classes directly with USERs or Students contract directly with Employers (4) HADDEE is not a broker, agent (except as expressly set forth below) or insurer, and (5) HADDEE disclaims all liability for the conduct of USERs, Parents, Employers, or any other USERs of the Site or Classes. Different sections of the Site and Terms of Service affect USERs, Parents, and Employers differently, so please be sure to read these Terms of Service carefully.
Intended Services: HADDEE’s Service is an educational platform and internship referral platform for G6 -G12 classes, designed for highly qualified USERs to promote and conduct their classes. As the provider of an educational platform HADDEE does not own any curriculum or any classes. The curriculum belongs to the USERs who create them. HADDEE’s responsibilities are limited to: (i) providing the platform as an educational platform to share the classes to students (ii) serving as the limited agent of each USER for the purpose of accepting payments from a Parent on behalf of the USER. There are risks that USER assumes when dealing with other USERs (including those who may be acting under false pretenses). While HADDEE strives to provide a safe and welcoming environment for its USERs, USER agrees that all of these risks are ultimately borne by USER, and not HADDEE. HADDEE does not control the behavior of USERs or the quality of the Classes. As a result, HADDEE cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
USER’s Registration Obligations: USER will be required to register with HADDEE in order to access and use certain features of the Service. If USER chooses to register for the Service, USER agrees to provide and maintain true, accurate, current, and complete information about USER as prompted by the Service’s registration form. Registration data and certain other information about USER are governed by our privacy policy. USER must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If USER is not yet of legal age to form a binding contract, then USER must get USER’s Parent to read these Terms of Service and agree to them for USER before USER uses the Service. If USER is a Parent and USER provide USER’s consent to USER’s child’s use of the Service, then USER agrees to be bound by these Terms of Service with respect to USER’s child’s use of the Service.
USER Account, Password, and Security: USER is responsible for maintaining the confidentiality of USER’s password and account, if any, and is fully responsible for any and all activities that occur under USER’s password or account. USER agrees to (a) immediately notify HADDEE of any unauthorized use of USER’s password or account or any other breach of security, and (b) ensure that USER exits from USER’s account at the end of each session when accessing the Service. HADDEE will not be liable for any loss or damage arising from USER’s failure to comply with this Section.
Change of Services: HADDEE reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. USER agrees that HADDEE will not be liable to USER or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage: USER acknowledges that HADDEE may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on HADDEE’s servers on USER’s behalf. USER agrees that HADDEE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. USER acknowledges that HADDEE reserves the right to terminate accounts that are inactive for an extended period of time. USER further acknowledges that HADDEE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
USER Contribution and Use Policy: At HADDEE, our aspiration is to provide high-quality content to students around the globe. At the core of this goal is the belief in preserving our USERs’ freedom of speech and expression as well as our instructors’ and Content Providers’ academic freedom and creativity. We also believe that a safe and comfortable environment is fundamental to promoting our USERs’ and providers’ freedom of expression and creativity. Therefore, we have put this policy in place and expect anyone accessing the Website and using our Services to abide by them.
USER Contribution Rules: USER Contribution Rules apply to all USER Contributions shared with us through our Services. USER is solely responsible for any USER Contributions USER makes and their accuracy. We take no responsibility and assume no liability for any USER Contributions shared by USER or any third-party. We have the right, but not the obligation, to review, remove, or edit any inappropriate USER Contributions or activity identified by or reported to us. We do not routinely undertake to review USER Contributions before it is posted on the Website and cannot guarantee timely removal of any material that does not meet the rules outlined in this policy. We, therefore, assume no liability regarding our actions or inactions with regard to USER Contributions or any material posted by any USER or a third-party.
We may suspend, disable, or terminate a USER’s account and access to all or part of the Services for violating any part of this policy or Terms of Service.
USER agree that USER’s USER Contributions will not:
- contain any libelous, obscene, indecent, abusive, harassing, violent, hateful, inflammatory or otherwise objectionable or unlawful material;
- contain any material that promotes sexually explicit or pornographic content, or violence, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- violate or infringe upon our intellectual property rights or the intellectual property rights of any third-party, including patent, trademark, trade secret, copyright, or other personal or proprietary rights;
- promote any unlawful act, or offer, advocate, or promote assistance in any illegal activity;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or is likely to cause annoyance, alarm, or needless anxiety for any other person;
- contain any computer virus or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, our Services, or of any related website, other websites, or the Internet
- use a false e-mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any USER Contributions;
- misrepresent any information therein that would likely give the impression that the content was presented or endorsed by us, or any other person or entity
- engage in sales of products or otherwise any commercial activities;
Other Unacceptable Use and Practices
In addition to other prohibitions as set forth above and in our Terms of Service, USER is prohibited from using the Website, or our Services:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe the legal rights of others (including the right of publicity and privacy);
- to submit false or misleading information;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
USER is also prohibited to:
- share USER’s account password, let anyone access or use USER’s account, or cause anything that would place USER’s account at risk;
- attempt to access or use any other USER’s account;
- send, knowingly receive, download, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content or material on the Website through which the Service is provided, without express written permission by us;
- access, attempt to modify, tamper with, or use our system’s non-public areas, without express written permission by us;
- interfere with or circumvent the security features of the Website or our USER authentication system or otherwise take steps to test or exploit the vulnerability of our Website or any related Providers’ website, without express written permission by us;
- impersonate or attempt to impersonate the Company, a Company employee, another USER, or any other person or entity
Payment charges: Each Parent agrees to pay all applicable fees for Classes (“Tuition fees”) as set forth on the Site. All Tuition fees are payable in the currency specified on the Site at the time of purchase. EDUCATOR shall be responsible for all taxes associated with the Services other than U.S. taxes based on the Company’s net income. Parent hereby authorizes HADDEE to bill Parent’s payment instrument upon confirmation of purchase, and Parent further agrees to pay any charges so incurred.
Refund Policy: A full refund will be provided if the USER contacts HADDEE for a refund within 7 days of purchasing a course; however, no refunds will be provided at all within a 14 day period preceding the date of the course’s first class. For refunds outside of the 7-day policy, HADDEE may independently review such cases and may decide at its sole discretion whether or not to issue a refund. All determinations of HADDEE with respect to a refund shall be final and binding on the USER, Parent, and Educator.
Third-Party Websites: The Service may provide, or third parties may provide, links, or other access to other sites and resources on the Internet. HADDEE has no control over such sites and resources and HADDEE is not responsible for and does not endorse such sites and resources. USER further acknowledge and agree that HADDEE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings USER has with third parties found while using the Service are between USER and the third party, and USER agrees that HADDEE is not liable for any loss or claim that USER may have against any such third party.
Social Networking Services
USER may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make USER’s online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask USER to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that USER has provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and HADDEE’s use, storage, and disclosure of information related to USER and USER’s use of such services within HADDEE (including, but not limited to, USER’s friend lists), please see our privacy policy, However, please remember that the manner in which Social Networking Services use, store and disclose USER’s information is governed solely by the policies of such third parties, and HADDEE shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, HADDEE is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, HADDEE is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. HADDEE enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
USER agrees to release, indemnify and hold HADDEE and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to USER’s use of the Service, any USER Content, USER’s connection to the Service, USER’s violation of these Terms of Service or USER’s violation of any rights of another. If USER is a California resident, USER waives California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If USER is a resident of another jurisdiction, USER waives any comparable statute or doctrine.
Disclaimer of Warranties
USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HADDEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HADDEE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET USER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER’S EXPECTATIONS.
USER ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY HADDEE ON USERS ARE SOLELY FOR ITS OWN BENEFIT. HADDEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
USER EXPRESSLY UNDERSTAND AND AGREE THAT HADDEE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HADDEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HADDEE’S TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT USER HAVE PAID HADDEE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO USER OR BE ENFORCEABLE WITH RESPECT TO USER. IF USER ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF USER ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS USER’S RIGHTS
Arbitration of Claims. In the event of a dispute, USER and HADDEE agree to resolve the dispute with Arbitration. THIS ARBITRATION PROVISION REQUIRES ALL SUCH DISPUTES TO BE RESOLVED ONLY BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY WAY OF COURT OR JURY TRIAL, OR BY WAY OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
CLASS ACTION WAIVER, COLLECTIVE ACTION WAIVER, AND PRIVATE ATTORNEY GENERAL WAIVER. USER AND HADDEE AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTION BASIS. USER AGREES TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTION BASIS AGAINST HADDEE’S PAYMENT PROCESSING AGENCY, IVY LEARNING GROUP, LLC. ACCORDINGLY:
Termination
USER agrees that HADDEE, in its sole discretion, may suspend or terminate USER’s account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if HADDEE believes that USER has violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of USER’s use of Service, may be referred to appropriate law enforcement authorities. HADDEE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. USER agree that any termination of USER’s access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that HADDEE may immediately deactivate or delete USER’s account and all related information and files in USER’s account and/or bar any further access to such files or the Service. Further, USER agrees that HADDEE will not be liable to USER or any third party for any termination of USER’s access to the Service.
USER Disputes: USER agrees that USER is solely responsible for USER’s interactions with any other USER in connection with the Service and HADDEE will have no liability or responsibility with respect thereto.
HADDEE reserves the right but has no obligation, to become involved in any way it deems necessary with disputes between USER and any other USER of the Service.
General: These Terms of Service constitute the entire agreement between USER and HADDEE and govern USER’s use of the Service, superseding any prior agreements between USER and HADDEE with respect to the Service. USER also may be subject to additional terms and conditions that may apply when USER use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, USER and HADDEE agree to submit to the personal and exclusive jurisdiction of the state and federal courts located at San Diego County, State of California. The failure of HADDEE to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. USER agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. USER may not assign these Terms of Service without the prior written consent of HADDEE, but HADDEE may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to USER may be made via either email or regular mail. The Service may also provide notices to USER of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
USER’s Privacy
At HADDEE, we respect the privacy of our USERs. For details please see our Privacy Policy, By using the Service, USER consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, USERs of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. USER may contact us at Ivy Learning Group, LLC, 4653 Carmel Mountain Road, Suite 308 /95, San Diego, CA 92130, USA, Phone: 858 449 9689
Entire Agreement and Survival. This Agreement, including all Appendices and attachments, constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed, or amended in any respect, unless in writing and signed by both parties. This Agreement supersedes any prior contract between the parties, and any and all contracts between USER and HADEE.
Non-Disparagement. USER agrees not to make any disparaging statements to any person or entity about HADDEE including but not limited to any of their directors, officers, or employees, or otherwise attempt to injure or interfere with HADDEE’S reputation, affairs, or business over including but not limited to social media, and traditional media.
Governing Law. Except as otherwise stated in Section 12, this Agreement shall be governed by Law of State of California, United States. This provision does not apply to Section 12, the delegation clause in Section 12, or to any arbitrable disputes as defined in Section 12, which are governed by the Federal Arbitration Act, or, if the Federal Arbitration Act is found not to apply, the law governing arbitration in the country and state in which USER performs the majority of the services covered by this Agreement.
Captions. Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
Failure to Enforce. Failure of either party to enforce strictly any provision of this Agreement shall not be construed as a waiver thereof, or as excusing the other party from future performance.
Assignment. This Agreement may not be assigned by either party without the written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that HADDEE may assign its rights and obligations under this Agreement to an affiliate of HADDEE or any successor to its business and/or purchaser of substantially all of its assets.
Savings Clause. Except as the Arbitration Provision otherwise provides, if any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.
Questions? Concerns? Suggestions?
Please contact us at hello@haddee.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.