TERMS OF SERVICE
1. General Terms
MARIO College provides an online venue for language learning where Members, both Students and Teachers (terms defined below), can collaborate with each other and take advantage of the services (collectively, the "Services"). These Services are accessible at and any other websites where MARIO College makes the Services available (collectively, the "Site"), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site, Application or Services, these Terms of Service are between you and MARIO College (MARIO College is hereinafter referred to as "we", "us", or "our"). MARIO College will handle any and all payments and payouts conducted through or in connection with the Site, Application or Services ("Payment Services"). Payment Services provided by MARIO College are subject to the Payments Terms of Service ("Payments Terms").
"Content" means all Content that MARIO College makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party.
"Services" means any of the Connection or Payment Services that are delivered by MARIO College.
"Student" means a Member that purchases Teaching Services.
"Teacher" means a Member that offers and delivers Teaching Services.
"Teaching Services" means all Services delivered by Teachers. These include paid lessons, packages and other services rendered where MARIO College Credits are exchanged.
"User" means (1) a person who is a Member, using the Site or Application on his or her own behalf, or (2) a person who is using the Site or Application on behalf of a Member that is a company or organization.
"Visitor" means a person who is only visiting the Site or Application, not a Member or User.
"You" means a Visitor or Member accessing the Site or Application or using the Services on his or her own behalf; or, if the Services are used on behalf of a company or organization, "you" means the Member for which the Services are used and the User who accesses the Site or Application on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
2. Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and MARIO College. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE VENUE FOR LANGUAGE LEARNING WHERE MEMBERS, BOTH STUDENTS AND TEACHERS HOSTS MAY TAKE ADVANTAGE OF CONNECTION SERVICES AND PAYMENT SERVICES DIRECTLY WITH EACH OTHER. YOU UNDERSTAND AND AGREE THAT MARIO COLLEGE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN STUDENTS AND TEACHERS OR BETWEEN MEMBERS, NOR IS MARIO COLLEGE A LANGUAGE SERVICES BROKER OR AGENT. MARIO COLLEGE HAS NO CONTROL OVER THE CONDUCT OF STUDENTS, TEACHERS, MEMBERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SERVICES RENDERED BETWEEN THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO TEACH AT MARIO COLLEGE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH MARIO COLLEGE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF MARIO COLLEGE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF MARIO COLLEGE. MARIO COLLEGE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL YOUR LISTING, YOUR ACTIVITIES ASSOCIATED WITH YOUR PROFILE OR LISTED SERVICES, OR ANY OTHER MATTERS RELATED TO ANY SERVICES THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF MARIO COLLEGE, INCLUDING INAPPROPRIATELY USING ANY MARIO COLLEGE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3. Privacy
You agree to MARIO College's Privacy Policy.
4. Intellectual Property
MARIO College and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site or Application. The MARIO College logo and name are trademarks of MARIO College, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site or Application may be the trademarks of their respective owners.
5. Disclaimers
THE SERVICES PROVIDED BY MARIO COLLEGE OR ANY OF OUR LICENSORS OR TEACHERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE OR APPLICATION BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
