Governing Law & Disputes
Last Updated: November 15, 20241. Governing Law
This Agreement, including the dispute resolution provisions contained herein, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any disputes arising out of or relating to this Agreement shall be resolved in accordance with the provisions set forth below.
2. Dispute Resolution Process
We are committed to resolving disputes fairly and efficiently. Before initiating any formal legal proceedings or arbitration, you must first notify LearnFlow in writing of your claim or dispute at legal@learnflow.io. Our notice should include your name, contact information, a description of the dispute, and the specific relief you are seeking.
- Negotiation Period: LearnFlow and you shall attempt to resolve the dispute through good-faith negotiations for a period of 60 days from the date we receive your written notice.
- Escalation: If the dispute is not resolved within the negotiation period, either party may proceed to binding arbitration as outlined below.
3. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, or validity thereof, that cannot be resolved through the negotiation period shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
Unless otherwise agreed by LearnFlow, the arbitration shall take place in San Francisco, California, and shall be conducted by a single, neutral arbitrator. The arbitrator shall have the authority to award relief on an individual basis. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
4. Class Action & Jury Trial Waiver
By agreeing to arbitrate disputes, you and LearnFlow are waiving your right to a trial by jury or to participate in a class action, consolidated proceeding, private attorney general action, or representative proceeding. All claims and issues that are the subject of this arbitration agreement shall be heard and determined on an individual basis and shall not be consolidated in any way with any claims of others.
5. Small Claims Court Exception
Notwithstanding the foregoing, you may bring an individual action in small claims court, provided that the claims qualify for the jurisdiction of the small claims court in your area. LearnFlow may also bring individual claims against you in small claims court.
6. Contact & Opt-Out
If you do not wish to be bound by the arbitration provisions in this section, you may opt out by sending a written notice to legal@learnflow.io within 30 days of your initial registration with LearnFlow. Your opt-out notice must include your full name, the email address associated with your LearnFlow account, and a clear statement that you are opting out of binding arbitration. If you opt out, the remainder of this Agreement will continue to apply to you.
Legal Inquiries: For questions regarding these terms, please contact our Legal Department at legal@learnflow.io or write to us at:
LearnFlow, Inc.
Legal Department
123 EdTech Blvd, Suite 400
San Francisco, CA 94105