Terms and condition
StarlyPath, Inc. ("StarlyPath," "we," "us," "our") offers its services (outlined below) to you via its website found at starlypath.com (the "Site") and its mobile apps and associated services (collectively, these services, including any new features and apps, and the Site, are termed the "Service(s)"), governed by the following Terms and Conditions (referred to as the "Terms and Conditions," subject to amendments over time). We retain the right, at our discretion, to alter or adjust parts of these Terms and Conditions whenever necessary. If such changes occur, we'll update this page, indicating the last revision date at the top. Moreover, we'll inform you through the Service's user interface, email notification, or other reasonable means.
Please review these Terms and Conditions thoroughly, as they include an arbitration agreement and other crucial details regarding your legal rights, remedies, and responsibilities. The arbitration agreement necessitates (with limited exceptions) that you resolve claims against us through binding arbitration, and additionally, (1) you can only pursue claims against StarlyPath individually, not as part of a class action, and (2) you can only seek remedies (including monetary, injunctive, and declaratory relief) individually.
Services involve an online marketplace and platform where Instructors offer online courses for sale to Parents, who can then purchase these Classes for their children's benefit. While StarlyPath aims for high service standards, you acknowledge and agree to the following: (1) StarlyPath isn't a party to agreements between Instructors and Parents, (2) StarlyPath merely provides specific tools to facilitate Class purchase, sale, and provision, (3) Parents contract directly with Instructors for online classes, (4) StarlyPath isn't a broker, agent (except as expressly stated below), or insurer, and (5) StarlyPath disclaims all liability for the conduct of Instructors, Parents, or any other Site or Classes users. Various sections of the Site and Terms and Conditions affect Instructors and Parents differently, so careful reading is advised.
Key Terms
"User," "you," or "your" refers to individuals, organizations, or entities using the Services, including Parents and Instructors.
"Parent(s)" denotes a parent or legal guardian who completes StarlyPath's account registration to purchase Classes on the Site for their child's enrollment.
"Instructor(s)" refers to individuals who complete StarlyPath's account registration to sell online Classes on the Site or organizations that sign agreements with StarlyPath to sell Classes on the Site.
"Class(es)" cover any online class(es) submitted by an Instructor for sale on the Site.
Access and Use of the Service
Service Description: StarlyPath's Service acts as an online marketplace for K-12 classes, facilitating Parents in finding and purchasing Classes for their child or children's benefit and enabling Instructors to market and sell their Classes. As the provider of this online marketplace, StarlyPath doesn't own, create, sell, resell, control, or manage any Classes. StarlyPath's responsibilities are limited to: (i) offering the Site as an online marketplace and platform for Class sale and purchase, and (ii) acting as the limited agent of each Instructor for payment acceptance from Parents on behalf of the Instructor. Dealing with other Users (including those acting deceptively) entails certain risks, which you agree are borne by you, not StarlyPath. StarlyPath doesn't control Users' behavior or the Classes' quality, thus can't guarantee their authenticity, quality, safety, legality, or appropriateness.
Your Registration Responsibilities: To access and use specific Service features, registration with StarlyPath is mandatory. By registering for the Service, you commit to providing and updating accurate, current, and complete information about yourself as prompted by the Service's registration form. Your registration data and certain other details are subject to our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (usually 18 years old in many jurisdictions). If you're not of legal age, your Parent must read and agree to these Terms and Conditions on your behalf before using the Service. If you're a Parent and you consent to your child's Service usage, you agree to be bound by these Terms and Conditions regarding your child's Service usage.
Member Account, Password, and Security: You're responsible for safeguarding your password and account, if applicable, and for all activities under your password or account. Notify StarlyPath immediately of any unauthorized account use or security breach and ensure you log out of your account after each session. StarlyPath isn't liable for losses or damages due to your non-compliance with this provision.
Service Modifications: StarlyPath reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part) with or without notice. You agree that StarlyPath isn't liable to you or any third party for any Service modification, suspension, or discontinuation.
General Usage and Storage Practices: StarlyPath may set general practices and limits for Service use, including data retention periods and storage space on its servers. StarlyPath isn't responsible for data deletion or failure to store any content maintained or uploaded by the Service. StarlyPath may terminate inactive accounts and alter general practices and limits at its discretion, with or without notice.
Class Recordings: Classes conducted via StarlyPath's video chat platform may be recorded ("Class Recordings"). StarlyPath limits Class Recording use, providing them solely to the Instructor for student review and Instructor improvement purposes. StarlyPath may share Class Recordings with Instructor organizations. Additionally, StarlyPath may use Class Recordings for feedback, Service improvement, customer support, and compliance, retaining them for 90 days, subject to our Privacy Policy. Class Recordings containing you or your child won't be used for promotional purposes without your explicit consent.
Instructor Specific Obligations
Marketplace Procedures: Instructors must provide StarlyPath with necessary information to list their Classes on the Service. StarlyPath reserves the right to reject or remove Classes from the marketplace and edit Class descriptions. StarlyPath decides which Instructors are accepted into the marketplace and may conduct background checks and interviews at its discretion. Instructors must consent to such checks and interviews truthfully.
Community Standards: Instructors agree to adhere to StarlyPath's policies, including community standards, maintaining professional and respectful interactions within the community and appropriate behavior online. You agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any StarlyPath-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that StarlyPath, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on StarlyPath’s behalf without prior written authorization from StarlyPath; posts that StarlyPath, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, Instructors, parents, or StarlyPath staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to StarlyPath’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of StarlyPath’s community standards.
Learner Safety: Instructors must report suspected child abuse or neglect to StarlyPath, complying with individual reporting responsibilities and applicable laws. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), StarlyPath defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Instructors may also be required to report suspected abuse or neglect to local authorities, and StarlyPath expects all Instructors to comply with their individual reporting responsibilities. StarlyPath itself may report instances of suspected abuse or neglect as it deems appropriate.
Instructor Responsibilities: Instructors are solely responsible for obtaining required licenses and permissions for their Classes. StarlyPath isn't liable for an Instructor's failure to comply with laws or regulations. StarlyPath isn't an insurer, agent, or employer for Instructors. Any agreement between an Instructor and a Parent is independent, with StarlyPath acting as a limited payment agent for Instructors. Instructors mustn't share Class Recordings with third parties except within their organization.
Payment Terms
General: Every Parent agrees to pay all applicable fees for Classes ("Enrollment Fees") as specified on the Site. Enrollment Fees are payable in the currency indicated on the Site at the time of purchase. You are responsible for all taxes related to the Services, except U.S. taxes based on the Company’s net income. By confirming a purchase, the Parent authorizes StarlyPath to charge the Parent’s payment method and agrees to settle any incurred charges. If there's a dispute regarding charges, you must notify StarlyPath within sixty (60) days of the charge date.
Instructor Payment: StarlyPath will transfer Enrollment Fees to the Instructor's payment account for each Class sale (or set of Classes, if applicable) to a Parent within a reasonable timeframe, deducting StarlyPath's service fees ("StarlyPath Fee"). To receive funds, the Instructor must set up a Payment account (e.g., Paypal or Stripe). StarlyPath reserves the right not to transfer Enrollment Fees to the Instructor if a Parent reports that Classes were not provided or completed adequately. This includes cases where a Class wasn't offered or was of insufficient quality. StarlyPath will review such cases independently, consulting the Parent and/or Instructor, and may, at its discretion, issue a refund to the Parent. All decisions by StarlyPath regarding refunds are final and binding on the Parent and Instructor.
Limited Payment Collections Agent: Each Instructor designates StarlyPath as their limited payment collection agent solely for accepting Enrollment Fees from Parents. Users acknowledge that payment of Enrollment Fees to StarlyPath, as the Instructor’s limited payment collection agent, is equivalent to payment made directly to the Instructor by the Parent. StarlyPath, as the limited payment collection agent, agrees to facilitate Enrollment Fee payments (minus the StarlyPath Fee) for Classes under these Terms and Conditions unless otherwise agreed. If StarlyPath fails to remit such amounts, the Instructor's recourse is solely against StarlyPath.
Conditions of Use
User Conduct: It is your responsibility for all content you upload, including code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials, via the Service. StarlyPath reserves the right to investigate and take legal action against violators, which may include removing offending content, suspending or terminating accounts, and reporting to law enforcement.
You agree not to use the Service to:
Special Notice for International Use; Export Controls: You acknowledge the application of United States export controls to software and data associated with the Service. You agree to comply with local laws and regulations regarding online conduct and content.
Commercial Use: Unless expressly authorized, you agree not to commercially exploit any part of the Service.
Intellectual Property Rights
Service Content, Software, and Trademarks: You acknowledge and agree that within the Service, there may be content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, except as expressly authorized by StarlyPath. However, this prohibition does not apply to your own User Content (as defined below) that you legally upload to the Service. It is understood that Class Recordings are considered Service Content, not User Content. In using the Service, you agree not to engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If StarlyPath blocks your access to the Service (including by blocking your IP address), you agree not to attempt to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any unauthorized use of the Service or the Service Content is strictly prohibited. The technology and software underlying the Service or distributed in connection with it belong to StarlyPath, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or transfer any right in the Software. Any rights not expressly granted herein are reserved by StarlyPath.
The StarlyPath name and logos are trademarks and service marks of StarlyPath (collectively the "StarlyPath Trademarks"). Other names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with StarlyPath. Nothing in these Terms and Conditions or the Service should be interpreted as explicitly or implicitly granting you any license or right to use any of the StarlyPath Trademarks displayed on the Service without our prior written permission in each instance. Any goodwill generated from the use of StarlyPath Trademarks is solely for StarlyPath's benefit.
Third-Party Material: StarlyPath will not be liable in any way for any content or materials of third parties (including users), including, but not limited to, any errors or omissions in such content, or any loss or damage incurred as a result of using any such content. You acknowledge that StarlyPath may, at its discretion, pre-screen content, and StarlyPath and its designees have the right (but not the obligation) to refuse or remove any content available via the Service. This includes the right to remove any content that violates these Terms and Conditions or is deemed objectionable by StarlyPath. You agree to evaluate and assume all risks associated with the use of any content, including relying on its accuracy, completeness, or usefulness.
User Content Transmitted Through the Service: Regarding the content or other materials you upload or share through the Service ("User Content"), you represent and warrant that you own all rights to such User Content, including copyrights and rights of publicity. You retain any intellectual property rights you hold in your User Content, and StarlyPath does not claim ownership (copyright, trademark, or otherwise) over your User Content. By submitting User Content through the Services, you grant StarlyPath a worldwide, nonexclusive, perpetual, irrevocable, fully sublicensable, royalty-free right and license as follows: • for publicly available User Content, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content worldwide via the Services or otherwise, and/or to incorporate it into other works in any form, media, or technology now known or later developed for any legal business purpose; and • for privately transmitted User Content, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content solely to provide you with the Services.
You acknowledge that any Submissions provided by you to StarlyPath are non-confidential, and StarlyPath is entitled to use and disseminate these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. StarlyPath may preserve and disclose content as necessary by law or in good faith belief to: (a) comply with legal process or government requests; (b) enforce these Terms and Conditions; (c) respond to claims of third-party rights violations; or (d) protect the rights, property, or safety of StarlyPath, its users, or the public. You understand that technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform to technical requirements.
Copyright Complaints: StarlyPath respects intellectual property rights and requests users to do the same. If you believe your work has been copied or your intellectual property rights violated, follow the procedure below to notify StarlyPath of your claim.
StarlyPath will investigate notices of alleged infringement under the Digital Millennium Copyright Act ("DMCA") and other applicable laws. To be processed, a notification of claimed infringement must be in writing and include: • a description and proof of ownership of the copyright or other intellectual property; • an electronic or physical signature of the authorized person; • a description of the allegedly infringed work with a specific link; • your contact information; • a statement asserting your good faith belief that the use is unauthorized; and • a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner.
Each notice shall be limited to ten individual claims; if more, StarlyPath will address only the first ten.
Third-Party Websites
The Service may provide access to third-party sites and resources, but StarlyPath does not control or endorse such sites. StarlyPath is not responsible for any damage or loss resulting from the use of or reliance on such content, events, goods, or services. Your dealings with third parties via the Service are solely between you and the third party, and StarlyPath is not liable for any loss or claim against any third party.
Social Networking Services
You can access the Service via online third-party services like Facebook or Twitter ("Social Networking Services"). By integrating these services, we enhance your online experiences. StarlyPath may request authentication or registration with these services, and by integrating them, you allow access to certain information as described in our Privacy Policy. StarlyPath is not liable for the privacy practices or actions of third-party services, and any dealings with them are solely between you and the third party. The integration of such features does not imply endorsement or recommendation by StarlyPath.
Indemnity and Release
You agree to indemnify and hold StarlyPath and its affiliates, officers, employees, directors, and agents harmless from any losses, damages, expenses, claims, actions, or injuries arising from your use of the Service, User Content, connection to the Service, or violation of these Terms and Conditions. If you're a California resident, you waive California Civil Code Section 1542. Residents of other jurisdictions waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STARLYPATH 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.
STARLYPATH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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 YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY STARLYPATH ON INSTRUCTORS ARE SOLELY FOR ITS OWN BENEFIT. STARLYPATH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STARLYPATH 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 STARLYPATH 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 YOUR 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 STARLYPATH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STARLYPATH 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 YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU 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 YOUR RIGHTS
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms and Condition as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and StarlyPath, whether arising out of or relating to this Terms and Condition (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms and Condition, you and StarlyPath are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND STARLYPATH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND STARLYPATH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
Pre-Arbitration Dispute Resolution: StarlyPath is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@starlypath.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by email Notice of Dispute (“Notice”) to admin@starlypath.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If StarlyPath and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or StarlyPath may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by StarlyPath or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or StarlyPath is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Condition as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Condition and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless StarlyPath and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, StarlyPath agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, StarlyPath will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, StarlyPath will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, StarlyPath will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms and Condition will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms and Condition to the contrary, StarlyPath agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending StarlyPath written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms and Condition (or accepted any subsequent changes to these Terms and Condition).
Termination
You consent that StarlyPath, at its sole discretion, can suspend or terminate your account (or any part of it) or usage of the Service and delete any content within the Service, for any reason, including, but not limited to, lack of use or if StarlyPath believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity that could lead to termination of your use of Service may be reported to appropriate law enforcement authorities. StarlyPath may also, at its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without prior notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may occur without prior notice, and you acknowledge and agree that StarlyPath may immediately deactivate or delete your account and all related information and files in your account and/or deny any further access to such files or the Service. Furthermore, you agree that StarlyPath will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and StarlyPath will bear no liability or responsibility in that regard. StarlyPath reserves the right, but is not obligated, to intervene in any way it deems necessary in disputes between you and any other user of the Service.
General
These Terms and Conditions serve as the comprehensive agreement governing your use of the Service, replacing any prior agreements between you and StarlyPath regarding the Service. Additionally, you may encounter supplementary terms and conditions when utilizing affiliate or third-party services, content, or software. Governed by the laws of the State of California, these Terms and Conditions apply to any disputes or claims not subject to arbitration, with both you and StarlyPath consenting to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California. The failure of StarlyPath to enforce any right or provision herein does not waive such right or provision. In the event that a court deems any provision of these Terms and Conditions invalid, the parties agree that the court shall strive to uphold their intentions as reflected in the provision, while the remaining provisions remain valid. Any claim or cause of action arising from the use of the Service or these Terms and Conditions must be filed within one (1) year of its occurrence. Both electronic and printed versions of this agreement and associated notices hold equal weight in judicial or administrative proceedings. You are prohibited from assigning these Terms and Conditions without prior written consent from StarlyPath, though StarlyPath retains the right to assign or transfer them without restriction. Section titles are for convenience only and hold no legal effect. Notices to you may be sent via email or regular mail, or provided within the Service.
Privacy
At StarlyPath, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you 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. You may contact us via email at admin@starlypath.com.
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