Malan Education
Terms and Conditions
TERMS AND CONDITIONS: Your purchase, enrollment in and use of products and services ("Programs") offered by Malan Education LLC ("Malan Education"), including your access to malaneducation.com and its respective subdomains (the “Site(s)”) are subject to these terms and conditions (“Terms”). If You purchase or enroll in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use any Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Malan Education and You.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Malan Education and participate in Programs only with consent of a parent or guardian.
Program Fees: You agree to pay all fees, plus applicable tax, for any purchases you make concurrent with your order. If your payment method is declined and you receive the products or services, you agree to pay all amounts due upon demand by us. You authorize all such charges. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about your payment method from the issuing financial institution. If we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees.
Subscription Based Purchases and Cancellations: When you purchase a subscription plan, we immediately charge the monthly fee for your plan to your credit card or other payment method we have on file. Malan Education will charge your credit card on a periodic basis (monthly, for monthly subscriptions each a "Subscription Period") until you cancel the subscription. You may cancel online via your Settings. No refunds are available. You must cancel 1 day before the end of the current Subscription Period (the "Expiration Date") to avoid being charged for the next Subscription Period. Find the Expiration Date on your Subscription page via your Settings. Cancellation is effective immediately and you will no longer be able to access the Programs.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Privacy Policy: Your use of the Site is subject to Malan Education’s Privacy Policy. Our privacy policy may be found here.
Intellectual Property: All Programs, including Sites, are owned by Malan Education. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Malan Education. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way. All content, including program techniques and materials, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Malan Education or its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of any part of your Program. You may not attempt to decompile, reverse engineer, scrape or data mine Programs. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Malan Education content is not for resale. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Malan Education and Third Party Sellers and may not be used without Malan Education’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors. Programs may include digital access to Program Content. Subject to your compliance with these Terms, Malan Education grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the Subscription page via your Settings of your Malan Education online account. Such license will terminate when your program, plan or other service expires or otherwise terminates. As a condition of your use of the Site, you warrant to Malan Education that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Malan Education or our licensors except as expressly authorized by these Terms.
Links: You may be able to link from the Site to third party websites, and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. No compensation will be paid with respect to the use of your User Content, as provided herein. Malan Education is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in Malan Education’s sole discretion.
Passwords: When You set up a Malan Education account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party or to otherwise allow any other person to use the Malan Education online resources purchased by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Malan Education is not responsible for third party access to your account that results from theft or misappropriation of your account. Malan Education and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content for any reason in our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS: If You provide Malan Education with a telephone number, such as when You purchase or use a Malan Education Program, You agree that Malan Education may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Malan Education. If you wish to stop receiving SMS messages, email us. Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Program Changes: Malan Education frequently updates, revises and modifies Programs, including Program Content, features and services (“Program Changes”). Malan Education reserves the right to make Program Changes at any time.
Tutoring Policies: If You purchase a tutoring Program, You and your tutor(s) will plan a schedule that is mutually convenient. If You need to cancel or postpone a lesson, You must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a rescheduling fee equal to that of the price of the tutoring session. For in-home tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times.
Technical Requirements: You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.
Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MALAN EDUCATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MALAN EDUCATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABLILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MALAN EDUCATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTINES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MALAN EDUCATION AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EXCLUSION OR LIMITATION OF LIABILITY, EVEN IF MALAN EDUCATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MALAN EDUCATION’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR PROGRAMS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND PROGRAMS.
Indemnification: You agree to indemnify, defend and hold harmless Malan Education, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Malan Education reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Malan Education in asserting any available defenses.
Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class / Collective Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Malan Education agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
International Users: The Site and Programs are controlled, operated and administered by Malan Education from our offices within the USA. If you access the Site or Programs from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or Programs accessed through Malan Education in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination / Access Restriction: Malan Education reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law: This agreement and any claim or dispute arising out of, relating to or in connection with these Terms, shall be governed by the laws of the State of Connecticut. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms: Malan Education reserves the right, in its sole discretion, to change the Terms under which Malan Education is offered, in whole or in part, at any time. Changes in these Terms will be effective when posted, and the most current version of the Terms will supersede all previous versions. Malan Education encourages you to periodically review the Terms to stay informed of our updates.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be emailed to: info@malaneducation.com.
This document was last updated on April 26, 2023.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Malan Education and participate in Programs only with consent of a parent or guardian.
Program Fees: You agree to pay all fees, plus applicable tax, for any purchases you make concurrent with your order. If your payment method is declined and you receive the products or services, you agree to pay all amounts due upon demand by us. You authorize all such charges. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about your payment method from the issuing financial institution. If we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees.
Subscription Based Purchases and Cancellations: When you purchase a subscription plan, we immediately charge the monthly fee for your plan to your credit card or other payment method we have on file. Malan Education will charge your credit card on a periodic basis (monthly, for monthly subscriptions each a "Subscription Period") until you cancel the subscription. You may cancel online via your Settings. No refunds are available. You must cancel 1 day before the end of the current Subscription Period (the "Expiration Date") to avoid being charged for the next Subscription Period. Find the Expiration Date on your Subscription page via your Settings. Cancellation is effective immediately and you will no longer be able to access the Programs.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Privacy Policy: Your use of the Site is subject to Malan Education’s Privacy Policy. Our privacy policy may be found here.
Intellectual Property: All Programs, including Sites, are owned by Malan Education. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Malan Education. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way. All content, including program techniques and materials, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Malan Education or its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of any part of your Program. You may not attempt to decompile, reverse engineer, scrape or data mine Programs. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Malan Education content is not for resale. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Malan Education and Third Party Sellers and may not be used without Malan Education’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors. Programs may include digital access to Program Content. Subject to your compliance with these Terms, Malan Education grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the Subscription page via your Settings of your Malan Education online account. Such license will terminate when your program, plan or other service expires or otherwise terminates. As a condition of your use of the Site, you warrant to Malan Education that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Malan Education or our licensors except as expressly authorized by these Terms.
Links: You may be able to link from the Site to third party websites, and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. No compensation will be paid with respect to the use of your User Content, as provided herein. Malan Education is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in Malan Education’s sole discretion.
Passwords: When You set up a Malan Education account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party or to otherwise allow any other person to use the Malan Education online resources purchased by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Malan Education is not responsible for third party access to your account that results from theft or misappropriation of your account. Malan Education and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content for any reason in our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS: If You provide Malan Education with a telephone number, such as when You purchase or use a Malan Education Program, You agree that Malan Education may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Malan Education. If you wish to stop receiving SMS messages, email us. Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Program Changes: Malan Education frequently updates, revises and modifies Programs, including Program Content, features and services (“Program Changes”). Malan Education reserves the right to make Program Changes at any time.
Tutoring Policies: If You purchase a tutoring Program, You and your tutor(s) will plan a schedule that is mutually convenient. If You need to cancel or postpone a lesson, You must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a rescheduling fee equal to that of the price of the tutoring session. For in-home tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times.
Technical Requirements: You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.
Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MALAN EDUCATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MALAN EDUCATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABLILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MALAN EDUCATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTINES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MALAN EDUCATION AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EXCLUSION OR LIMITATION OF LIABILITY, EVEN IF MALAN EDUCATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MALAN EDUCATION’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR PROGRAMS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND PROGRAMS.
Indemnification: You agree to indemnify, defend and hold harmless Malan Education, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Malan Education reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Malan Education in asserting any available defenses.
Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class / Collective Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Malan Education agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
International Users: The Site and Programs are controlled, operated and administered by Malan Education from our offices within the USA. If you access the Site or Programs from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or Programs accessed through Malan Education in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination / Access Restriction: Malan Education reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law: This agreement and any claim or dispute arising out of, relating to or in connection with these Terms, shall be governed by the laws of the State of Connecticut. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms: Malan Education reserves the right, in its sole discretion, to change the Terms under which Malan Education is offered, in whole or in part, at any time. Changes in these Terms will be effective when posted, and the most current version of the Terms will supersede all previous versions. Malan Education encourages you to periodically review the Terms to stay informed of our updates.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be emailed to: info@malaneducation.com.
This document was last updated on April 26, 2023.