Legal

LELAND TERMS OF USE AGREEMENT

Last Updated: June 2021

Leland Inc. ("Leland", "we", "us", "our") provides an online higher education marketplace that simplifies the process of finding and connecting with coaches to help you build your career, get into school, or take a test. This Terms of Use Agreement ("Agreement") governs your use of this website, a user portal accessible through www.joinleland.com, and services accessible through the user portal (collectively, the "Services").

Accessing or using the Services constitutes your agreement to follow and be bound by this Agreement. This Agreement constitutes the entire and only agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services. We reserve the right to modify this Agreement at any time. We will post notice of modifications to this Agreement on this webpage. Changes will be effective immediately but will not apply retroactively. Checking this webpage for updates is your responsibility. Do not use the Services if you do not agree to this Agreement.

This Agreement contains a binding dispute resolution and waiver of class action claims clause. Please read it carefully as it affects your rights.

Ownership & Access

The Services, which includes all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audit are protected by copyright and trademark laws and other United States and international laws and are our property. We do not grant to you any rights, interest, or title in the Services.

Subject to your agreement to, compliance with, and satisfaction of this Agreement, we will make the Services available to you in accordance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. No license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

Prohibited Uses

You may not:

  • license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services in any way;

  • copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based;

  • use the Services to develop a competing website or product;

  • use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person's use of the Services;

  • decrypt, transfer, or "frame" or "mirror" the Services on any other server or wireless or Internet-based device;

  • circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Services;

  • use the Services for unlawful purposes;

  • use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling data, content, or information on the Services;

  • access or attempt to access another person's account;

  • use any data, content, or information on the Services in any manner that misappropriates any trade secret or infringes a party's intellectual property rights;

  • delete, modify, hack, or attempt to change or alter the Services; or

  • permit or assist any third party to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement in prosecuting users who violate this Agreement.

Errors

The Services may contain inaccuracies, omissions, and typographical mistakes. Information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time without prior notice to you.

Use Of The Services

You are responsible for your use of the Services. You must have a parent or legal guardian review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). If you have authorized or registered another person to use the Services, including a minor, you are fully responsible for that person's use of the Services and the consequences of that person's misuse of the Services. The parent or legal guardian of a minor must affirmatively consent to such minor's use of the Services. You may only use the Services in compliance with this Agreement and all applicable laws and regulations.

Note that, if individual Coaches have private contracts, Applicants may enter to independent contract with said Coaches, at which time any legally binding agreement in said Coach's contract may supersede the agreements stipulated herein.

You are solely responsible for your interactions with coaches and/or applicants and you agree that Leland is not responsible or liable for any act, omission, or conduct of any other user.

Accounts

You do not have to have an account to view our website, but you do need an account to use the Services. The registration form to create an account will require you to provide certain requested information (including personal information). At such time, you will be provided with an account and login information, including a username and password to successfully complete the registration process. You may not permit anyone else to use your account.

You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You represent and warrant that all information you provide when creating your account (including your account profile and biography) will be truthful and accurate. We may refuse to grant you a particular username for any reason.

Your account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person's account.

The Services may allow you to store your login credentials so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your account. You are responsible for all damages resulting from unauthorized access to the Services from your account. You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.

Payment

Applicants. You will need to provide payment information, including your credit card number, the expiration date of your credit card, and your billing address to purchase coaching services. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. We reserve the right to verify your payment information before completing the transaction. You understand and agree that you are charged at the time you place your order for coaching services and that the transaction for the purchase of services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account(s) through the Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

By submitting payment information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.

We use Stripe's payment processing gateway to process transactions made through the Services. Any payment you make, including your payment information, will be collected, used, and processed by Stripe in accordance with their privacy policy. You can access their privacy policy here:https://stripe.com/privacy.

Coaches. We agree to remit payment to you on or around 30 days following the student applicant's payment of their fees to us. You will need to provide payment account information, including credit card number and address, to receive payment for coaching services. You represent and warrant that you have a legal right to use any credit card(s) utilized in connection with any transaction. You are solely responsible for any taxes applicable to your services.

Changes to the Services

We may discontinue or alter any aspect of the Services, restrict the time the Services is available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.

Privacy

We collect, store, and use information collected from you in accordance with our Privacy Policy, located at www.joinleland.com/legal/privacy-policy.

Content

You may have the opportunity to use the Services to communicate with your coach or applicant(s) and/or to upload documents (collectively, "Content") to the Services to be transmitted to your coach or applicant(s). Content uploaded or provided through the Services may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in Content are valid and protected in all forms, media, and technologies. You may not obscure or remove any proprietary rights, notices, or content in or on any Content. Any unauthorized use of Content, whether owned by Leland or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations or statutes. Leland will not be liable for Content uploaded or transmitted to the Services by you or any other user.

We do not claim ownership rights in any Content, but by uploading, transmitting, or posting Content to the Services, you hereby grant to us a non-exclusive, transferrable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating the Content as part of providing the Services. You represent and warrant that you have all rights and authority to grant us the license herein to the Content you post or upload to the Services.

You are solely responsible for your Content and for the consequences and liability related to or connected with the Content and your use of any Content that you access or obtain through the Services.

You agree that the following is prohibited in any Content that you send to a coach or an applicant:

  • You may not transmit any Content that would violate our, or any third party, proprietary or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion.

  • You may not transmit Content of any third party without express, written permission. You represent and warrant that you have express, written permission from all persons appearing in the Content

  • You may not transmit any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists

  • You may not transmit any commercial advertisements or solicitations for conduct or services that would in any manner constitute threatening, harassing, harmful, or abusive behavior.

  • You may not transmit any materials that are fraudulent or involve the sale of counterfeit or stolen items.

  • You may not transmit any materials that could cause us or the recipient to violate any applicable law, statute, ordinance, or regulation.

We do not pre-screen or approve any Content that is uploaded or transmitted through the Services or that is transferred between coaches and applicants outside of the Services, though we reserve the right to do so at any time.

Compatibility

We do not guarantee that the Services will be compatible or operate with your computer, Internet provider's service plan, mobile carrier's service plan, or any other piece of hardware, software, equipment, or device you use to access or use the Services. We will not be liable for any damage to your computer, mobile device, or other equipment or technology caused by or related to the Services. The quality and availability of the Services may be affected by factors outside of our control because the Services are provided over the Internet. We will not be liable for damages or losses related to the Services being unavailable.

Disclaimers & Limitation Of Liability

We provide the Services on an "as is" and "as available" basis. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free and you agree that from time to time Leland may disable the Services for indefinite periods of time or cancel the Services at any time without notice to you. We make no representations or warranties that information on the Services or Content or advice you receive from an applicant or coach is accurate, complete, reliable, current, or error-free. We make no representations or warranties that any Content that you share with a coach or applicant will remain confidential. We specifically disclaim warranties of any kind for the Services and any other services or products sold or offered through or on the Services, whether expressed or implied, including but not limited to warranties of non-infringement and title, implied warranties of merchantability or warranties of fitness for a particular purpose. We do not make any representations or warranties concerning errors, omissions, delays, or defects in the Services. You expressly agree that your access to, viewing of, browsing, visiting. or use of the Service or purchase of any service or product sold or offered through or on the Services is at your sole risk.

We expressly disclaim any and all liability to you and any other person or entity for your reliance on information, content, or advice that we provide through the Services or that is given to you by an applicant or coach. We make no representations or warranties that any coach available through the Services is qualified to provide advice regarding any college or university admissions process and we expressly disclaim any and all liability to you and any other person or entity for your reliance on any Content provided by a coach or applicant. We make no representations or warranties that you will be accepted to any college or university to which you apply and we expressly disclaim any and all liability to you and any other person or entity related to or arising from or related to a college or university rejecting your application.

To the maximum extent permitted by law, under no circumstance will Leland be liable for any indirect, incidental, special, or consequential damages, even if we are advised beforehand of the possibility of such damages, that result from (i) the use of, or the inability to use, the Services, including Content, updates, services, or third-party materials made available to you by a coach, by an applicant, or by us in any way, or (ii) any data, information, or Content made available to you by a coach, by an applicant, or by us, including the confidentiality thereof.

You agree that if you are dissatisfied with the Services, any Content, materials, or services on or available through the Services or with any of the terms and conditions in this Agreement, your sole and exclusive remedy is to discontinue using the Services, the Content, and the services offered through the Services.

To the maximum extent allowed by law, Leland, its officers, directors, agents, and employees' total liability to you for any actual losses or damages shall not exceed the amount paid by you, if any, to Leland.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney's fees and costs and expenses, arising out of or in any way connected with your use of the Services, your breach or alleged breach of this Agreement, any unauthorized use of your account, or your violation of any rights of any other person.

Termination

This Agreement is effective until you or Leland terminates it. You may terminate this Agreement at any time by discontinuing your use of the Services. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Services. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.

Disintermediation

You are expressly prohibited from matching with a coach or applicant using the Services and then engaging with such coach or applicant outside of the Services to avoid or escape paying fees for the Services provided by Leland. We may ban you from the Services, temporarily or permanently, and in our sole discretion if we discover or reasonably suspect that you have used the Services to match with a coach or applicant and have engaged with such coach or applicant outside of the Services so as to avoid paying fees to Leland (i.e. cutting Leland out as the intermediary between coach and applicant).

Confidentiality

You agree that you will:

  • Treat as confidential any and all data, information, and content that you receive from a coach or an applicant;

  • Use reasonable efforts to avoid unauthorized disclosure of any and all data, information, and content that you receive from a coach or an applicant;

  • Not disclose any data, information, or content that you receive from a coach or an applicant except for the purposes of fulfilling your obligations under this Agreement.

Dispute Resolution

This section affects your rights. Please read it carefully.

Any dispute or claim relating in any way to your use of the Services that cannot be resolved between you and Leland will be finally and exclusively resolved by non-appearance based binding individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes. You and Leland hereby expressly waive trial by jury. You may assert your claim in small claims court if your claim qualifies. You may only bring claims on your own behalf. You and Leland agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. This arbitration agreement will survive the termination of your relationship with Leland. You and Leland agree that you or Leland may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

Leland Inc.
64 Abrams Court
Suite 104
Stanford, CA 94305

Links

The Services may contain links to other websites or applications. This Agreement only applies to the Services and not to any website or application that we do not own. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites. We encourage you to carefully read the terms of use for any third party website or application before you access or use any such third party website or application.

Feedback

We have not agreed, and we do not agree, to treat as confidential any suggestion, idea, or improvement about the Services ("Feedback") that you provide to us. Nothing in this Agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you.

Compliance With Non-U.S. Law

We do not make any representation that the Services or other material or information provided through the Services is appropriate to or available in locations outside of the United States. You may not use the Services in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law and Other Miscellaneous Terms

This Agreement and any claim related thereto will be governed by the laws of the State of California, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Santa Clara County, California. You irrevocably submit and consent to the personal jurisdiction of such courts.

We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

This Agreement controls the relationship between Leland and you. This Agreement does not create any third party beneficiary rights.

Our failure to enforce the provisions of this Agreement does not constitute a waiver of our right to enforce them.

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.

In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.

Contact Us

If you have any questions or would like further clarification about the Services or this Agreement, please contact us at support@joinleland.com.