Tenured, LLC (“Tenured,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Tenured.live (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Tenured on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Class Content Policy, and Help Center. All such terms are hereby incor- porated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which experienced educators may offer Classes to current students and attendees. While Tenured strives to high standards of service, you acknowledge and agree that: (1) Tenured is not a party to any agreements entered into between Educators and Students, (2) Tenured only provides certain tools to facilitate the purchase, sale and provision of Classes (3) Tenured is not a broker, agent (except as expressly set forth below) or insurer, and (4) Tenured disclaims all liability for the conduct of Educators, Students, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect Educators and Parents differently, so please be sure to read these Terms of Service carefully.
Certain Educator Obligations Marketplace Basics: As a Educator, you must provide Tenured with any information requested in order for Tenured to list your Classes through its Services including but not limited to a description of the Classes. Tenured has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Tenured has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Tenured has sole discretion as to which Educators are accepted into the marketplace and we reserve the right to reject any potential Educator and remove or suspend any Educator from the marketplace for any reason. Tenured may, but is not required to, conduct background checks on and interviews of Educators in its discretion and solely for its own benefit. As a Educator, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews
Community Standards: When you join the Tenured community, you agree to follow our policies, including our
community standards. Those expectations include thoughtful and professional communications with our commu-
nity (colleagues, students, attendees), modeling appropriate behavior for our learners, and acting professionally.
In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropri-
ate behavior in any Tenured-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 Tenured, 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 Tenured’s behalf
without prior written authorization from Tenured; posts that Tenured, in its discretion, finds to be offensive or
inappropriate based on race, sex, age, gender, sexual orientation, national origin, disability or medical condition,
veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments
about Learners, Educators, Attendees, or Tenured 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
Tenured’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 Tenured’s community standards.
Educator Responsibilities: Each Educator is solely responsible for obtaining all licenses and other permissions
required to offer or provide any Classes, and Tenured assumes no responsibility for a Educator's failure to obtain
such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that Tenured is not an insurer, agent or employer for you as a Educator. If a student or
attendee purchases a subscription to any of your Classes, any agreement you enter into with such Parent is
between you and the Parent, and Tenured is not a party thereto. Notwithstanding the foregoing, Tenured is
authorized to serve as your limited agent purely for the purpose of accepting payments from Students and Attend-
ees on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as
a Educator, you are responsible for your own acts and omissions while using the Services. With the sole exception
of students enrolled in the applicable Class, you further agree that you will not share any Class postings
made available to you by Tenured to any third parties.
To the extent that you are using the Services as a Educator, you agree to abide by the terms of our Help Center
Payment Terms
General: Each Student/Attendee agrees to pay all applicable fees for Classes as set forth on the Site. All Fees
are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes
associated with the Services other than U.S. taxes based on Company’s net income. Students/Attendees hereby
authorizes Tenured to bill Students and Attendees payment instrument upon confirmation of a purchase, and
further agrees to pay any charges so incurred. Disputes of any charges you must let Tenured know within sixty
(60) days after the date that Tenured charges you.
Educator Payment: Tenured will transfer the Fees to Educator’s Paypal account for each sale of a Class (or set of
Classes, as applicable) to a Student/Attendee within a reasonable period of time, minus Tenured’s service fees
(“Tenured Fee”), according to the schedule and policies detailed in our Help Center. In order to transfer funds to
Educator’s Paypal account, Educator shall sign up for a Paypal account. Tenured has discretion to act on behalf
of the Parent, and to not transfer the Enrollment Fees to Educator, if Student/Attendee reports that the Classes
were not provided or adequately completed. This may include but is not limited to circumstances where an Educator’s
Class was of insufficient quality. Tenured will independently review such cases, seeking input from the
Student/Attendee and/or the Educator, and may decide at its sole discretion to issue a refund to the Student/Attendee.
All determinations of Tenured with respect to a refund shall be final and binding on the Student/Attend-
ee and Educator.
Limited Payment Collections Agent: Each Educator appoints Tenured as the Educator’s limited payment
collection agent solely for the purpose of accepting Fees from the Student/Attendee. Each User agrees that
payment by a Student/Attendee to Tenured. Tenured, as limited payment collection agent for the Educator,
agrees to facilitate the payment of any Fees (less the Tenured Fee) for Classes pursuant to these Terms of
Service unless otherwise agreed between Tenured and the Educator. In the event that Tenured does not remit
such amounts, the Educator will have recourse only against Tenured.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music,
sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or
display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the
kind of content and/or use that is illegal or prohibited by Tenured. Tenured reserves the right to investigate and
take appropriate legal action against anyone who, in Tenured’s sole discretion, violates this provision, includ-
ing without limitation, removing the offending content from the Service, suspending or terminating the account
of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of
any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) 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;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promo-
tional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”
“contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive,
harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of
another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of
Tenured, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or
which may expose Tenured or its users to any harm or liability of any type; interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regula-
tions of networks connected to the Service; or violate any applicable local, state, national or international law,
or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity; solicit personal information from anyone in violation of our
Privacy Policy; harvest or collect email addresses or other contact information of other users from the Service
by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communica-
tions; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically
authorized; further or promote any criminal activity or enterprise or provide instructional information about
illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any
means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with
the Service and the transmission of applicable data, if any, is subject to United States export controls. No
Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you
agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online
conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display,
distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell,
resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service
Copyright Complaints:
Tenured respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that
your intellectual property rights have been otherwise violated, you should notify Tenured of your infringement
claim in accordance with the procedure set forth below.
Tenured will process and investigate notices of alleged infringement and will take appropriate actions under
the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to
any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to
Tenured’s Copyright Agent at support@tenured.live (Subject line: “DMCA Takedown Request”). You may also
contact us by mail at: Tenured, LLC 966 NAUTILUS ISLE DANIA BEACH, FL. 33004, USA.
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest; a description of the copyrighted work or other intellectual property that you
claim has been infringed; a description of where the material that you claim is infringing is located on the
Service, with enough detail that we may find it on the Service; your address, telephone number, and email
address; a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or
pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice
containing the following information to the Copyright Agent:
your physical or electronic signature; identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake
or a misidentification of the content; and your name, address, telephone number, and email address,
a statement that you consent to the jurisdiction of the federal court located within the Northern District of California
and a statement that you will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the Copyright Agent, Tenured will send a copy of the counter-notice to the
original complaining party informing that person that it may replace the removed content or cease disabling it
in 10 business days. Unless the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Tenured has adopted a policy
of terminating, in appropriate circumstances and at Tenured's sole discretion, users who are deemed to be
repeat infringers. Tenured may also at its sole discretion limit access to the Service and/or terminate the mem-
berships of any users who infringe any intellectual property rights of others, whether or not there is any repeat
infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the
Internet. Tenured has no control over such sites and resources and Tenured is not responsible for and does not
endorse such sites and resources. You further acknowledge and agree that Tenured will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any content, events, goods or services available on or through any such site or resource. Any
dealings you have with third parties found while using the Service are between you and the third party, and you
agree that Tenured is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social
networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating
these Social Networking Services into the Service, we make your online experiences richer and more personal-
ized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into
Social Networking Services on the websites of their respective providers. As part of such integration, the Social
Networking Services will provide us with access to certain information that you have provided to such Social
Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.
For more information about the implications of activating these Social Networking Services and Tenured’s use,
storage and disclosure of information related to you and your use of such services within Tenured (including, but
not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in
which Social Networking Services use, store and disclose your information is governed solely by the policies of
such third parties, and Tenured shall have no liability or responsibility for the privacy practices or other actions of
any third party site or service that may be enabled within the Service.
In addition, Tenured is not responsible for the accuracy, availability or reliability of any information, content,
goods, data, opinions, advice or statements made available in connection with Social Networking Services. As
such, Tenured is not liable for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Social Networking Services. Tenured enables these features merely as a convenience
and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Tenured and its affiliates and their officers, employees, directors and
agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable
attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your
use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or
your violation of any rights of another. If you are a California resident, you waive California Civil Code Section
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.” If you are a resident of another jurisdiction, you 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. Tenured 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.
Tenured 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
Tenured ON EducatorS ARE SOLELY FOR ITS OWN BENEFIT. Tenured MAKES NO REPRESENTA-
TIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TENURED 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 TENURED HAS BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SER-
VICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MES-
SAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATE-
MENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT WILL TENURED’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TENURED
IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRAN-
TIES 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 OF SERVICE, YOUR SOLE AND EXCLU-
SIVE 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 POR-
TIONS 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
of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen
or may arise between you and Tenured, whether arising out of or relating to this Terms of Service (includ-
ing any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transac-
tions 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 of Service, you
and Tenured 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 interpre-
tation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief:
YOU AND Tenured
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 REPRESENTA-
TIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Tenured AGREE OTHERWISE, THE ARBI-
TRATOR 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:
Tenured is always interested in resolving disputes amicably and efficient-
ly, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing
customer support at support@Tenured.live. If such efforts prove unsuccessful, a party who intends to seek
arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to
Tenured should be sent to Tenured, LLC 966 NAUTILUS ISLE DANIA BEACH, FL. 33004 (“Notice Address”).
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief
sought. If Tenured and you do not resolve the claim within sixty (60) calendar days after the Notice is
received, you or Tenured may commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by Tenured or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Tenured 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/con-
sumer. 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 of Service 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 of Service and applicable law.
Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited
reasons.
Unless Tenured 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, Tenured 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, Tenured 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 economi-
cally 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, Tenured 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, Tenured 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-Individual-
ized 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 modi-
fied. 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 of Service will
continue to apply.
Future Changes to Arbitration Agreement:
Notwithstanding any provision in this Terms of Service to the
contrary, Tenured 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 Tenured written notice within thirty (30) calendar days of the change to the Notice Address provid-
ed 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 of
Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Tenured, in its sole discretion, may suspend or terminate your account (or any part thereof)
or use of the Service and remove and discard any content within the Service, for any reason, including,
without limitation, for lack of use or if Tenured believes that you have violated or acted inconsistently with
the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may
be grounds for termination of your use of Service, may be referred to appropriate law enforcement authori-
ties. Tenured may also in its sole discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that
Tenured may immediately deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you agree that Tenured 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 Tenured will have no liability or responsibility with respect thereto.
Tenured reserves the right, but has no obligation, to become involved in any way it deems necessary with
disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Tenured and govern your use of
the Service, superseding any prior agreements between you and Tenured with respect to the Service. You
also may be subject to additional terms and conditions that may apply when you use affiliate or third party
services, third party content or third party software. These Terms of Service will be governed by the laws of the
State of California without regard to its conflict of law provisions. With respect to any disputes or claims not
subject to arbitration, as set forth above, you and Tenured agree to submit to the personal and exclusive jurisdic-
tion of the state and federal courts located within San Francisco County, California. The failure of Tenured to
exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or
provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or
be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissi-
ble 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. You may not assign these Terms of Service without the prior written consent of Tenured, but
Tenured may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles
in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may
be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms
of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At Tenured, 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.
Questions? Concerns? Suggestions?
Please contact us at support@tenured.live to report any violations of these Terms of Service or to pose any
questions regarding this Terms of Service or the Service.