English-Bee : English-Bee Membership Agreement

English-Bee Membership Agreement
Changes and additions (July 1, 2008): - "(3) Teachers formerly registered at the Culture Link Online site" added to "Section 1: Scope and Changes" - "Part 3: Delisting" added to "Section 2" - "Section 4: Changing Your Account Information" was consolidated into "Section 3: Member Accounts" - "Section 4: Communication" was added. Membership Agreement By clicking the "Accept" button and completing the registration process, you consent to everything in this agreement, so read it carefully! General This agreement is the only agreement between you and English-Bee (a brand name of Big Apple Company, Japan, hereafter referred to as "EB") regarding the use of services provided by English-Bee. No other agreement or promise, oral or written, has bearing on this agreement. Definitions "We", "our", "us", "English-Bee", "EB" : Big Apple Company "You": 'Applicant' if referring to pre-registration matters; 'Member' if referring to post-registration matters. "Applicant": The individual applying for participation in services provided by EB. "User": An individual who registers with English-Bee as a student. "Personal Teacher", "PT": An individual who registers with English-Bee as a teacher. "Member": Either a User or a Personal Teacher "EB Service": Services provided by English-Bee "PT Service": Services provided by Personal Teachers Section 1: Scope and Changes (1) You agree to comply with all rules and prohibitions provided in this agreement. (2) We reserve the right to make changes to this agreement at any time and effective immediately. When we do, we will inform you either on our web site or by email, and by using the site after that, you agree to the new terms. Visiting and logging into the site to examine the changes made to this agreement does not constitute a use of the site. All other site usage constitutes a usage of the site for the purpose of this provision. If you do not agree to the new terms, you must cancel your membership immediately. (3) Teachers formerly registered at the Culture Link Online site: By using the new English-Bee site, teachers formerly registered at the Culture Link Online site agree to the terms described below, which have been updated from the original Membership Agreement to which they agreed upon joining Culture Link Online. Visiting and logging into the site to examine the changes made to this agreement does not constitute a use of the site. All other site usage constitutes a usage of the site for the purpose of this provision. If you do not agree to the new terms, you must cancel your membership immediately. Section 2 Part 1: Member Registration Applicant agrees to register with EB as a User or PT according to the procedures outlined below. Applicants who have not reached the age of majority or those who require a legal guardian to enter a legal contract must obtain consent to register from their guardian. (1) You must enter the required information in the registration screen including name and email address as accurately as possible. (3) Only individuals are eligible to register as a Member of EB. We do not accept applications made by corporations or other legal entity. A Member's account is for the sole use of the registering individual and may not be shared, transferred or sold. (4) Member registration is complete upon receipt of a confirmation email from EB. Access to all of the site's features may be limited until payment from you, if applicable, has been received by EB. (5) Members authorize EB to use any photo of their likeness that they upload for promotional purposes. EB agrees to use such photo for promotional purposes only. Part 2: Eligibility We reserve the right to decline an application in situations including but not limited to the following: (1) If the applicant is fictional, i.e., not a real person. (2) If the applicant is already a registered User or PT and is trying to register as a User or PT respectively. (3) If the applicant has had his or her membership suspended or revoked on grounds of a violation of this agreement. (4) If the applicant does not enter all the required information or has entered incorrect information. (5) If the applicant's credit card or other method of payment is currently suspended or terminated. (6) If the applicant is a returning applicant and has a previous record of non-payment of EB fees. (7) If the applicant is a minor, or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, and does not have the consent of his or her guardian or legal guardian. (8) If the applicant is deemed to pose a threat to normal operation of the EB Service. This includes, but not limited to, applicants that EB deems as having the intention to use the EB Service for the purpose of producing, developing, marketing or otherwise engaging in adult and/or pornographic services or other services prohibited by law. EB reserves the right to decline applications with or without cause. Part 3: Delisting We reserve the right to temporarily or permanently delist teachers from our list of available teachers in situations including but not limited to the following: (1) If the teacher is found to be a fictional, i.e., not a real person. (2) If the teacher is already a registered User or PT and has registered as a User or PT respectively. (3) If the teacher has had his or her membership suspended or revoked on grounds of a violation of this agreement. (4) If the teacher is a minor, or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, and is found to have not received consent of his or her guardian or legal guardian. (5) If the teacher is deemed to pose a threat to normal operation of the EB Service. This includes, but not limited to, applicants that EB deems as having the intention to use the EB Service for the purpose of producing, developing, marketing or otherwise engaging in adult and/or pornographic services or other services prohibited by law. (6) If the teacher fails to meet EB policies and/or guidelines defined for the purpose of providing satisfactory service to students. (7) In the event that EB deems the teacher incapable of providing satisfactory service to students. (8) EB reserves the right to delist teachers with or without cause. Section 3: Member Accounts (1) The applicant becomes a Member once he or she completes the registration process at the EB website and receives a confirmation email. (2) Notwithstanding the above, EB reserves the right to decline registration or disallow access to the EB Service indefinitely to applicants to whom any of the criteria listed in Part 2, Section 2 apply. (3) If the applicant is a minor or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, he or she must comply with all applicable laws, including laws governing youth labor. (4) If any of the information you enter during the registration process changes, you must update this information on the EB site as soon as possible. (5) EB shall not be liable for any losses incurred due to a failure on your part to update such information in a timely manner. Section 4: Communication (1) The Member is responsible for maintaining all means of communication, including, but not limited to, email and internet connection in operable condition. (2) EB is responsible solely for the transmission of email and other communication to Members. EB shall not be liable for any missed appointments, breaches of contract or policies, or any other consequences stemming from the Member's inability to receive communication from us. The Member is responsible for ensuring that he/she is able to receive all communication from EB. Section 5: Member Information We will not share your information with third parties unless: - You give us express permission to do so; - Doing so is necessary to comply with legal process; - Doing so is necessary to protect the rights, property or personal safety of Big Apple Company, its employees, members of the public; or - Doing so is necessary to resolve any disputes between English-Bee Members arising from the use of the EB Service. We may share aggregate information, for example for statistical purposes, in ways that make it impossible to identify individuals from the information. (e.g. "20% of EB's registered teachers live in the EU") Section 6: Member Account, Password and Security Once you register with EB, you can access your account using your username and password, both of which you will have entered during the registration process. (1) You are entirely responsible for maintaining the confidentiality of your username and password. (2) You may not allow any other person than yourself to use your username or password. (3) Furthermore, you are entirely responsible for any and all activities and consequential damages that occur through the use of your username or password. (4) If you suspect someone else has had access to or is using your username or password, you must report this to us immediately. (5) EB shall not be liable for any consequential damages resulting from a failure on your part to notify EB of the fact that someone else may have gained access to or is using your username or password. Section 7: Member Conduct Your use of the EB Service is subject to all applicable local, provincial, state, national, federal and international laws and regulations. You agree: (1) To comply with all applicable laws regarding the transmission of technical data exported from Japan or the country in which you reside; (2) Not to use the EB Service for illegal purposes; (3) Not to interfere or disrupt networks connected to the EB Service. Section 8: Prohibited Data and Activities You are not permitted to use the EB Service to submit the following to a EB Member or to any other party: (1) Any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disEBsed as part of employment relationships or under nondisEBsure agreements); or (2) Any material that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right of any party; or (3) Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You are not permitted to use the EB Service to: (1) Create false, misleading or duplicative addresses in order to disguise the destination of any Data transmitted through the EB Service; or (2) Interfere with or disrupt the EB Service or servers or networks connected to the EB Service, or disobey any requirements, procedures, policies or regulations of networks connected to the EB Service; or (3) Intentionally or unintentionally violate any applicable local, state, provincial, national or international law and any regulations having the force of law, including, but not limited to, any applicable securities laws or regulations and any laws for the protection of personal information. (4) Additionally, you may not interfere with another Member's use and enjoyment of the EB Service. EB may, at its sole discretion, immediately revoke your membership if your conduct fails to conform with this agreement. Additionally, we may revoke your membership with or without cause at any time and effective immediately. We shall not be liable to you or any third party for the revocation of your membership. If you object to any terms and conditions of this agreement or any subsequent modifications thereof or become dissatisfied with the EB Service in any way, your only recourse is to immediately discontinue use of the EB Service. Upon revocation of membership, your right to use the EB Service ceases immediately. EB will have no obligation thereafter to forward any unread or unsent messages to you or any third party. If you terminate your Membership before receiving earned payments from EB, you are solely responsible for informing EB of the situation and to request such payments to be forwarded to you. Section 9: Payment of Fees and Charges You agree to pay fees and charges to EB and other Members, if applicable, according to methods prescribed by EB. Unless expressly waived, User agrees to transfer payments in the form of EB points for lessons given by PTs, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, using payment methods prescribed by EB with the understanding that EB may at its discretion retain fees, service charges, surcharges and other fees or charges from such payment. Users who take lessons from PTs, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, and pay lesson fees to such PTs directly, without EB's intermediation, may have their EB membership revoked. Unless expressly waived, PT agrees to receive payments for lessons given to Users, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, using payment methods prescribed by EB with the understanding that EB may at its discretion retain fees, service charges, surcharges and other fees or charges from such payment. PTs who give lessons to Users, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, and receive lesson fees from such Users directly, without EB's intermediation, may have their EB membership revoked. EB shall not be liable for any payments made by means other than those prescribed by EB. EB shall not be liable for payments that it cannot make to Users due to the User not having a access to the payment method(s) prescribed by EB. Section 10: Disclaimer of Warranties You expressly agree that the use of the EB service is at your sole risk. the EB service is provided on an "as is" and "as available" basis. EB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. EB makes no warranty that the EB service will meet your requirements, or that the EB service will be uninterrupted, timely, secure, or error free; nor does EB make any warranty as to the results that may be obtained from the use of the EB service or as to the accuracy or reliability of any information obtained through the EB service or that defects in the software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the EB service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. EB makes no warranty regarding any goods or services purchased or obtained through the EB service. No advice or information, whether oral or written, obtained by you from EB or through the EB service shall constitute any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Section 11: Limitation of Liability EB shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the EB service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the EB service or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if EB has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Section 12: Changes to the EB Service EB reserves the right to modify or discontinue the EB Service without notice to its Members. EB reserves the right to edit or delete any information provided by Members for display to other Members. This includes, but is not limited to, offensive content or information that could potentially harm the interests of EB or its Members. EB shall not be liable to its Members or any third party should EB exercise its right to modify or discontinue the EB Service. Section 13: External Links This web site may contain links to other World Wide Web sites and resources. The linked sites are not under the control of EB and EB is not responsible for the contents of, or any changes or updates to, linked sites. The inclusion of any link does not imply endorsement by EB of the site. Section 14: Message, File Storage and Other Limitations EB assumes no responsibility for the deletion of or the failure to store files, messages, or any other form of data or communication made using the EB Service. Section 15: Laws This agreement shall be governed by the laws of Japan and the prefecture of Gunma. Any action related to this agreement must be brought in the appropriate courts located in the prefecture of Gunma, and you irrevocably consent to the jurisdiction of such courts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. EB's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EB in writing. You and EB agree that any cause of action arising out of or related to the EB Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Section 16: English-Bee's Function English-Bee is a venue. As a result, we have no control over the quality or legality of the PT Services provided by PTs, the truth or accuracy of information provided, the ability of PTs to perform services as represented or of Users to properly evaluate provided services. At EB, we will do all that we practically can to see that the terms and conditions of this agreement are followed -- that is, we reserve the right to revoke the membership of anyone who breaks these rules. However, we cannot or do not guarantee that these rules will be followed by all Members. Use EB at your own risk, and exercise all the caution you would when working with people offline or elsewhere on the Internet. As for PT Services provided, we make absolutely no claims as to the quality or timeliness of such services. Our function is to provide a venue where service providers (PTs) and service consumers (Users) can meet. Note that there may be other risks relating to dealing with minors, foreign nationals who may not fall under the laws of your area or people acting under false pretense. Because personal authentication on the Internet is difficult, EB cannot and does not confirm that each Member is who they claim to be. It is up to you to communicate directly with anyone you meet at English-Bee, with whom you are considering entering into a contract. Because we do not and cannot be involved in Member-to-Member dealings, in the event that you have a dispute with one or more Members, you release EB (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature in any way connected with such disputes. If you are a California resident, you waive California Civil Code Sec. 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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English-Bee Membership Agreement

Changes and additions (July 1, 2008):

- "(3) Teachers formerly registered at the Culture Link Online site" added to "Section 1: Scope and Changes"

- "Part 3: Delisting" added to "Section 2"

- "Section 4: Changing Your Account Information" was consolidated into "Section 3: Member Accounts"

- "Section 4: Communication" was added.

Membership Agreement

By clicking the "Accept" button and completing the registration process, you consent to everything in this agreement, so read it carefully!

General

This agreement is the only agreement between you and English-Bee (a brand name of Big Apple Company, Japan, hereafter referred to as "EB") regarding the use of services provided by English-Bee. No other agreement or promise, oral or written, has bearing on this agreement.

Definitions

"We", "our", "us", "English-Bee", "EB" : Big Apple Company

"You": 'Applicant' if referring to pre-registration matters; 'Member' if referring to post-registration matters.

"Applicant": The individual applying for participation in services provided by EB.

"User": An individual who registers with English-Bee as a student.

"Personal Teacher", "PT": An individual who registers with English-Bee as a teacher.

"Member": Either a User or a Personal Teacher

"EB Service": Services provided by English-Bee

"PT Service": Services provided by Personal Teachers

Section 1: Scope and Changes

(1) You agree to comply with all rules and prohibitions provided in this agreement.

(2) We reserve the right to make changes to this agreement at any time and effective immediately. When we do, we will inform you either on our web site or by email, and by using the site after that, you agree to the new terms.

Visiting and logging into the site to examine the changes made to this agreement does not constitute a use of the site. All other site usage constitutes a usage of the site for the purpose of this provision. If you do not agree to the new terms, you must cancel your membership immediately.

(3) Teachers formerly registered at the Culture Link Online site:

By using the new English-Bee site, teachers formerly registered at the Culture Link Online site agree to the terms described below, which have been updated from the original Membership Agreement to which they agreed upon joining Culture Link Online.

Section 2

Part 1: Member Registration

Applicant agrees to register with EB as a User or PT according to the procedures outlined below. Applicants who have not reached the age of majority or those who require a legal guardian to enter a legal contract must obtain consent to register from their guardian.

(1) You must enter the required information in the registration screen including name and email address as accurately as possible.

(3) Only individuals are eligible to register as a Member of EB. We do not accept applications made by corporations or other legal entity. A Member's account is for the sole use of the registering individual and may not be shared, transferred or sold.

(4) Member registration is complete upon receipt of a confirmation email from EB. Access to all of the site's features may be limited until payment from you, if applicable, has been received by EB.

(5) Members authorize EB to use any photo of their likeness that they upload for promotional purposes. EB agrees to use such photo for promotional purposes only.

Part 2: Eligibility

We reserve the right to decline an application in situations including but not limited to the following:

(1) If the applicant is fictional, i.e., not a real person.

(2) If the applicant is already a registered User or PT and is trying to register as a User or PT respectively.

(3) If the applicant has had his or her membership suspended or revoked on grounds of a violation of this agreement.

(4) If the applicant does not enter all the required information or has entered incorrect information.

(5) If the applicant's credit card or other method of payment is currently suspended or terminated.

(6) If the applicant is a returning applicant and has a previous record of non-payment of EB fees.

(7) If the applicant is a minor, or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, and does not have the consent of his or her guardian or legal guardian.

(8) If the applicant is deemed to pose a threat to normal operation of the EB Service. This includes, but not limited to, applicants that EB deems as having the intention to use the EB Service for the purpose of producing, developing, marketing or otherwise engaging in adult and/or pornographic services or other services prohibited by law.

EB reserves the right to decline applications with or without cause.

Part 3: Delisting

We reserve the right to temporarily or permanently delist teachers from our list of available teachers in situations including but not limited to the following:

(1) If the teacher is found to be a fictional, i.e., not a real person.

(2) If the teacher is already a registered User or PT and has registered as a User or PT respectively.

(3) If the teacher has had his or her membership suspended or revoked on grounds of a violation of this agreement.

(4) If the teacher is a minor, or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, and is found to have not received consent of his or her guardian or legal guardian.

(5) If the teacher is deemed to pose a threat to normal operation of the EB Service. This includes, but not limited to, applicants that EB deems as having the intention to use the EB Service for the purpose of producing, developing, marketing or otherwise engaging in adult and/or pornographic services or other services prohibited by law.

(6) If the teacher fails to meet EB policies and/or guidelines defined for the purpose of providing satisfactory service to students.

(7) In the event that EB deems the teacher incapable of providing satisfactory service to students.

(8) EB reserves the right to delist teachers with or without cause.

Section 3: Member Accounts

(1) The applicant becomes a Member once he or she completes the registration process at the EB website and receives a confirmation email.

(2) Notwithstanding the above, EB reserves the right to decline registration or disallow access to the EB Service indefinitely to applicants to whom any of the criteria listed in Part 2, Section 2 apply.

(3) If the applicant is a minor or the applicant's status is such that he or she requires a legal guardian to enter a legal contract, he or she must comply with all applicable laws, including laws governing youth labor.

(4) If any of the information you enter during the registration process changes, you must update this information on the EB site as soon as possible.

(5) EB shall not be liable for any losses incurred due to a failure on your part to update such information in a timely manner.

Section 4: Communication

(1) The Member is responsible for maintaining all means of communication, including, but not limited to, email and internet connection in operable condition.

(2) EB is responsible solely for the transmission of email and other communication to Members. EB shall not be liable for any missed appointments, breaches of contract or policies, or any other consequences stemming from the Member's inability to receive communication from us. The Member is responsible for ensuring that he/she is able to receive all communication from EB.

Section 5: Member Information

We will not share your information with third parties unless:

- You give us express permission to do so;

- Doing so is necessary to comply with legal process;

- Doing so is necessary to protect the rights, property or personal safety of Big Apple Company, its employees, members of the public; or

- Doing so is necessary to resolve any disputes between English-Bee Members arising from the use of the EB Service.

We may share aggregate information, for example for statistical purposes, in ways that make it impossible to identify individuals from the information. (e.g. "20% of EB's registered teachers live in the EU")

Section 6: Member Account, Password and Security

Once you register with EB, you can access your account using your username and password, both of which you will have entered during the registration process.

(1) You are entirely responsible for maintaining the confidentiality of your username and password.

(2) You may not allow any other person than yourself to use your username or password.

(3) Furthermore, you are entirely responsible for any and all activities and consequential damages that occur through the use of your username or password.

(4) If you suspect someone else has had access to or is using your username or password, you must report this to us immediately.

(5) EB shall not be liable for any consequential damages resulting from a failure on your part to notify EB of the fact that someone else may have gained access to or is using your username or password.

Section 7: Member Conduct

Your use of the EB Service is subject to all applicable local, provincial, state, national, federal and international laws and regulations. You agree:

(1) To comply with all applicable laws regarding the transmission of technical data exported from Japan or the country in which you reside;

(2) Not to use the EB Service for illegal purposes;

(3) Not to interfere or disrupt networks connected to the EB Service.

Section 8: Prohibited Data and Activities

You are not permitted to use the EB Service to submit the following to a EB Member or to any other party:

(1) Any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disEBsed as part of employment relationships or under nondisEBsure agreements); or

(2) Any material that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right of any party; or

(3) Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You are not permitted to use the EB Service to:

(1) Create false, misleading or duplicative addresses in order to disguise the destination of any Data transmitted through the EB Service; or

(2) Interfere with or disrupt the EB Service or servers or networks connected to the EB Service, or disobey any requirements, procedures, policies or regulations of networks connected to the EB Service; or

(3) Intentionally or unintentionally violate any applicable local, state, provincial, national or international law and any regulations having the force of law, including, but not limited to, any applicable securities laws or regulations and any laws for the protection of personal information.

(4) Additionally, you may not interfere with another Member's use and enjoyment of the EB Service.

EB may, at its sole discretion, immediately revoke your membership if your conduct fails to conform with this agreement. Additionally, we may revoke your membership with or without cause at any time and effective immediately. We shall not be liable to you or any third party for the revocation of your membership.

If you object to any terms and conditions of this agreement or any subsequent modifications thereof or become dissatisfied with the EB Service in any way, your only recourse is to immediately discontinue use of the EB Service.

Upon revocation of membership, your right to use the EB Service ceases immediately. EB will have no obligation thereafter to forward any unread or unsent messages to you or any third party.

If you terminate your Membership before receiving earned payments from EB, you are solely responsible for informing EB of the situation and to request such payments to be forwarded to you.

Section 9: Payment of Fees and Charges

You agree to pay fees and charges to EB and other Members, if applicable, according to methods prescribed by EB.

Unless expressly waived, User agrees to transfer payments in the form of EB points for lessons given by PTs, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, using payment methods prescribed by EB with the understanding that EB may at its discretion retain fees, service charges, surcharges and other fees or charges from such payment.

Users who take lessons from PTs, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, and pay lesson fees to such PTs directly, without EB's intermediation, may have their EB membership revoked.

Unless expressly waived, PT agrees to receive payments for lessons given to Users, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, using payment methods prescribed by EB with the understanding that EB may at its discretion retain fees, service charges, surcharges and other fees or charges from such payment.

PTs who give lessons to Users, whose contact information, including but not limited to email address, physical address or phone number, was obtained on the EB site or by other means provided by EB, and receive lesson fees from such Users directly, without EB's intermediation, may have their EB membership revoked.

EB shall not be liable for any payments made by means other than those prescribed by EB.

EB shall not be liable for payments that it cannot make to Users due to the User not having a access to the payment method(s) prescribed by EB.

Section 10: Disclaimer of Warranties

You expressly agree that the use of the EB service is at your sole risk. the EB service is provided on an "as is" and "as available" basis. EB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

EB makes no warranty that the EB service will meet your requirements, or that the EB service will be uninterrupted, timely, secure, or error free; nor does EB make any warranty as to the results that may be obtained from the use of the EB service or as to the accuracy or reliability of any information obtained through the EB service or that defects in the software will be corrected.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the EB service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

EB makes no warranty regarding any goods or services purchased or obtained through the EB service.

No advice or information, whether oral or written, obtained by you from EB or through the EB service shall constitute any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Section 11: Limitation of Liability

EB shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the EB service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the EB service or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if EB has been advised of the possibility of such damages.

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

Section 12: Changes to the EB Service

EB reserves the right to modify or discontinue the EB Service without notice to its Members.

EB reserves the right to edit or delete any information provided by Members for display to other Members. This includes, but is not limited to, offensive content or information that could potentially harm the interests of EB or its Members.

EB shall not be liable to its Members or any third party should EB exercise its right to modify or discontinue the EB Service.

Section 13: External Links

This web site may contain links to other World Wide Web sites and resources. The linked sites are not under the control of EB and EB is not responsible for the contents of, or any changes or updates to, linked sites. The inclusion of any link does not imply endorsement by EB of the site.

Section 14: Message, File Storage and Other Limitations

EB assumes no responsibility for the deletion of or the failure to store files, messages, or any other form of data or communication made using the EB Service.

Section 15: Laws

This agreement shall be governed by the laws of Japan and the prefecture of Gunma. Any action related to this agreement must be brought in the appropriate courts located in the prefecture of Gunma, and you irrevocably consent to the jurisdiction of such courts. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

EB's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EB in writing.

You and EB agree that any cause of action arising out of or related to the EB Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Section 16: English-Bee's Function

English-Bee is a venue. As a result, we have no control over the quality or legality of the PT Services provided by PTs, the truth or accuracy of information provided, the ability of PTs to perform services as represented or of Users to properly evaluate provided services.

At EB, we will do all that we practically can to see that the terms and conditions of this agreement are followed -- that is, we reserve the right to revoke the membership of anyone who breaks these rules. However, we cannot or do not guarantee that these rules will be followed by all Members. Use EB at your own risk, and exercise all the caution you would when working with people offline or elsewhere on the Internet.

As for PT Services provided, we make absolutely no claims as to the quality or timeliness of such services. Our function is to provide a venue where service providers (PTs) and service consumers (Users) can meet.

Note that there may be other risks relating to dealing with minors, foreign nationals who may not fall under the laws of your area or people acting under false pretense. Because personal authentication on the Internet is difficult, EB cannot and does not confirm that each Member is who they claim to be. It is up to you to communicate directly with anyone you meet at English-Bee, with whom you are considering entering into a contract.

Because we do not and cannot be involved in Member-to-Member dealings, in the event that you have a dispute with one or more Members, you release EB (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature in any way connected with such disputes. If you are a California resident, you waive California Civil Code Sec. 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."