Welcome to BITU VN LTD., (“BITU,” “we,” “us,” or “our”), application, and website! We connect individuals who want to learn a language (“Students”) with a native speaker who can help them learn (“Teachers”) for real-time video chat language. Teaching sessions (“Teaching Services”). This User Agreement (the “Agreement”) applies to Students and Teachers, and where Students are minors/children under the age of 13, their parent or legal guardian (collectively, “Users,” “you,” or “your”), whether through our websites, https://bituenglish.com/  (the “Sites”) or BITU or BITU Kids mobile device applications (the “Apps,” together with Sites, “the Platform”).

 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND BITU ARE SUBJECT TO BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS AND COLLECTIVE ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.

 

PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. BY ACCESSING THE PLATFORM OR REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION PROVISIONS AND VIDEO RECORDING PROVISIONS, AND THAT YOU ARE BINDING YOU, YOUR HEIRS, ASSIGNS, AND SUCCESSORS TO THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS AGREEMENT ON THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THIS AGREEMENT (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY).

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

 

1.  Eligibility

 

You may use the Platform only if you can form a binding contract with BITU, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

 

If you are a Student, you represent that you are over the age of thirteen (13) years old in Viet Nam or sixteen (16) years old in all other jurisdictions (the “Minimum Age”). If you are a Student over the Minimum Age, but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided BITU verifiable consent and agreed to this Agreement.

 

If BITU has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.

 

2.  Additional Terms and Guidelines

 

Teacher Addendum. The Teacher Addendum, incorporated herein by reference, also applies to Teachers in their access, registration, or other use of the Platform.

 

Guidelines. When using the Platform, you are subject to any additional posted guidelines or rules applicable to specific services, offers, and features (the “Guidelines”). All such Guidelines are incorporated by reference into this Agreement. The BITU Kids Children’s Privacy Policy is also incorporated into this Agreement to the extent you are using the BITU Kids Platform and Teaching Services (“BITU Kids”) as a Student. Note, when BITU Kids is used, both the BITU Privacy Policy and the BITU Kids Privacy Policy apply to certain pages or functions performed by an adult on the BITU Kids site, such as when providing parental consent.

 

3.  Data Privacy

 

Privacy Policy. BITU’s Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

 

Teachers are Data Controllers. Teachers will receive Personal Data of Students in the course of Teachers providing and Students receiving Teaching Services. As used in this Section 3, Personal Data shall have the meaning assigned to the terms “personal data” or “personal information” under applicable data protection laws, such as the General Data Protection Regulation (EU 2016/679) (“GDPR”) or the California Consumer Privacy Act (“CCPA”). With respect to any Personal Data obtained by Teacher pursuant to this Agreement, Teacher agrees to independently comply with its obligations as a “controller” under the GDPR, and a “business” under the CCPA, to the extent applicable to Teacher.

 

4.  Modifications

 

BITU may make modifications to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such changes will be effective as to existing Users after BITU provides notice of the Changes, either through the Platform user interface or sent to the e-mail address associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, BITU may terminate this Agreement and your use of the Platform.

 

5.  Account Registration and Use

 

Student Registration. The Platform allows Students to request and engage in a video chat session with a Teacher for purposes of learning and practicing conversation skills in the language of a Student’s choice (a “Session”). To access a Session in our Teaching Services, you must register and create an account through the Platform. Registration may require you to: (i) create a unique username and password, (i) provide an email address, (iii) indicate your current country of domicile, (iv) indicate your native language, (v) indicate the language you wish to practice, and (vi) indicate your gender. Note that BITU does not have access to your payment card information, as we use a third-party payment processor to receive and process payments.

 

Teacher Registration. To use the Platform and offer Teaching services to Students, Teachers must register and create an account through the App or the Site. As part of the registration process, we may require a Teacher to: (i) create a unique username and password, (ii) provide an email address, (iii) indicate Teacher’s current country of domicile, (iv) indicate Teacher’s native language, (v) indicate the language for which Teacher wishes to conduct the Services, (vi) indicate Teacher’s gender, (vi) indicate Teacher’s PayPal account and (vii) indicate that Teacher is at least eighteen (18) years of age.

 

Registration Accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate, and up-to-date at all times.

 

Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you will immediately notify BITU. You may be liable for the losses incurred by BITU or others due to any unauthorized use of your account.

 

Personal Use. Except as provided herein, BITU accounts may only be used by the User who registered for that account. Minutes purchased by a Student may only be used by that Student in that Student’s account. You agree not to share your user name and password or otherwise permit any other person to access or use your BITU account. Under no circumstances may a Teacher allow other individuals to use the Teacher’s account to perform any Services.

 

6.  BITU is a Marketplace Provider

 

You understand that BITU is not in the business of providing Teaching services. BITU provides an online marketplace that connects Students with Teachers.

 

Teachers are Independent Contractors. You acknowledge that Teachers are independent contractors operating an independent business enterprise who use the Platform to offer and provide Teaching Services to Students. BITU is not an employer of, joint employer, or integrated or single enterprise with any Teacher. You acknowledge and agree that BITU has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by Teacher, including any work or services that any individual affiliated with the Teacher may provide, either as an employee, independent contractor or otherwise. Student further represents, acknowledges, and warrants that throughout the Term it shall at all times treat Teacher as independent contractors and that Student will take no action that is inconsistent with such classification. BITU is under no obligation to ensure any Session is completed to Student’s satisfaction.

 

Teachers Provide Materials. You understand that, except as otherwise specifically agreed between Student and Teacher, Teacher will provide all equipment, tools, materials, and labor that he or she needs to perform the Teaching Services agreed to with Student and that BITU will provide no equipment, tools, materials, or labor that may be needed to perform the Teaching Services under this Agreement. BITU will, however, at its discretion, provide both Student and Teacher with access to the Platform to facilitate access to available, optional support resources and materials.

 

7.  Rules and Prohibitions

 

You may not:

 

access or use the Platform for any purpose that is unlawful or prohibited by this Agreement;

 

use the Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform;

 

intentionally interfere with or damage the operation of the Platform, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

 

remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform;

 

attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;

 

obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;

 

use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;

 

utilize any trademark, logo, or other BITU materials without our express written consent, including through framing techniques or in meta tags of “hidden text”;

 

modify the Platform in any manner or form, or use modified versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform;

 

create more than one account, use another person’s account without authorization, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;

 

in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;

 

spam anyone;

 

post advertisements or conduct any commercial solicitation purposes without BITU’s written permission;

 

engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of BITU or any third party;

 

share other people’s private or personally identifiable information without their express authorization and permission; or

 

attempt to indirectly undertake any of the foregoing.

 

If you are a Student, you further agree to only engage in Sessions for the sole purpose of learning or practicing your language skills. If you are a Teacher, you further agree to only engage in Sessions for the sole purpose of teaching language skills to a Student.

 

8.  User Content

 

We may allow you to submit, post, upload, publish, submit, transfer, link, display, or otherwise make available (hereinafter, “post”) information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform (“User Content”) that may or may not be viewable by other Users. You retain ownership of all intellectual property rights you have in the User Content you post on the Platform.

 

By posting User Content on or through the Platform, you grant BITU a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for BITU’s business purposes or as required by law or legal process. In the interest of clarity, the license granted to BITU shall survive termination of the Platform or your account. Notwithstanding the license granted to BITU in User Content and for the avoidance of doubt, our use and retention of your personal data, including any that is contained in User Content, shall also be governed by and comply with the BITU Privacy Policy. You represent, warrant, and agree that you have the necessary rights to grant us the license described in this Section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Teachers or Students) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.

 

You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that BITU does not control, and is not responsible for, User Content and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please e-mail BITU at [email protected]. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.

 

BITU reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that BITU reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.

 

BITU reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of BITU, its Users and the public.

 

9.  License to Use the Platform

 

Subject to your compliance with the terms of this Agreement, BITU grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, license to access and use the Platform as it is provided to you by BITU solely for your personal, noncommercial use and only in connection with your access to and participation in the Platform and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those specified in the BITU Privacy Policy. BITU may revoke this license at any time, at its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein is provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained therein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BITU or its licensors, except for the licenses and rights expressly granted in this Agreement.

 

10.  Ownership and Proprietary Rights

 

The Platform is owned and operated by BITU. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“BITU Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All BITU Materials are the property of BITU or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BITU or its affiliates and/or third-party licensors. Except as expressly authorized by BITU, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the BITU Materials.

 

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments, or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against BITU and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your account or the Platform.

 

11.  Sessions

 

Hardware and Software. Engaging in a Session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Platform, generally.

 

Restrictions on Use. You agree to only engage in Sessions for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.

 

Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) BITU copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Teacher evaluation, Teacher training, dispute resolution and improving the Platform; (iii) such recording being made available to the other party to the Session, including the Student or parents of a student; (iv) such recordings being made available for you to review; (v) such recording being used or disclosed by BITU to the extent required by law or legal process or to the extent BITU deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (vi) as you otherwise agree (including, for Teachers, as set forth in the Teacher Addendum). You hereby waive any rights of publicity, privacy, or other rights under applicable law to the extent such rights could be used to prevent BITU from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree (including for Teachers, in the Teacher Addendum), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to BITU to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to our retention of session recordings as set forth in our Privacy Policy.

 

12.  Teacher Availability and Teacher Quality

 

Teacher Availability. Sessions are subject to Teacher availability, and BITU does not guarantee that any particular (or any) Teacher will be available at any given time.

 

Teacher Quality. You acknowledge that BITU has no duty to verify any stated credentials, experience, or qualifications of any Teacher and that BITU does not conduct any screening of Teachers other than as expressly set forth in this Section. If you wish to submit a complaint regarding any Teacher, please contact BITU at [email protected]. Users are responsible for their communications or other interactions with other Users on or through the Platform. BITU reserves the right but has no obligation to monitor disagreements between Users, including between Students and Teachers.

 

13.  Payments on the Platform

 

Payment. Students pay for Teaching Services by the minute or through a payment plan as described below. Payment will occur through a third-party payment system (e.g., Stripe). All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on BITU’s net income. You also agree to pay BITU any costs and expenses incurred by BITU, including reasonable attorney’s fees, in recovering any fees due hereunder.

 

Payment Plans. We may provide Students with an option to sign up for a payment plan in which a designated amount will be charged to a Student account on a monthly (or as otherwise designated) basis (a “Payment Plan”). By signing up for a Payment Plan and providing us with your payment account information, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the amount designated for your particular Payment Plan on a renewing basis. If you sign up for a Payment Plan, you will be charged the first recurring payment on the date of the registration for the Payment Plan, and you will then be charged on a recurring basis until you cancel the Payment Plan or we terminate it. Your account will include information on the payment date for your Payment Plan. In some cases, your payment date may change, for example if your payment method has not successfully settled or if your Payment Plan began on a day not contained in a given month. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Platform until we have successfully charged a valid payment method.

 

You may cancel a Payment Plan at any time in your account settings. You must cancel a Payment Plan before it renews to avoid billing of the next installment under your particular Payment Plan.

 

Refund Policy: Refund within 7 days after you purchased but haven't used any paid features. After 7 days, no refund.

 

Timing. If you pay Teachers through purchased minutes, you will be charged per minute of the Session as each minute is used. If you run out of purchased minutes prior to a Session ending, the Session will terminate and you will be prompted to purchase more minutes.

 

Mobile Services. Use of the Apps may require usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Apps.

 

14.  Teacher Eligibility and Rules

 

In addition to the other rules and prohibitions set forth in this Agreement, the following terms in this Section 14 applies to Teachers.

 

Eligibility. Prospective Teachers may apply to BITU to offer their Teaching services through the Platform. BITU reserves the right to request information to assess your eligibility to offer your Teaching services, and BITU may accept or deny your request for any reason or no reason at BITU's sole discretion.

 

Services To Be Performed. If you are accepted as a Teacher on the Platform, you will be eligible to provide Teaching services through the Platform to Students. You agree to use your best efforts in the performance of your Teaching services, and you further agree to cooperate with BITU’s personnel, not to interfere with the conduct of BITU’s business, and to observe all BITU rules, regulations and security requirements with respect to the safety and safeguarding of persons and property.

 

15.  Modifications and Termination of Accounts or the Platform

 

Platform. BITU may make changes to or discontinue any of the media, products or services available within the Platform at any time, and without notice. The media, products or services on the Platform may be out of date, and BITU makes no commitment to update these materials on the Platform. We may modify the Platform or terminate access to the Platform without prior notice, and you agree that BITU shall not be liable to you or any third party for any such termination.

 

Account. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from BITU support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or canceled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your account at any time by emailing [email protected]. Please note that if your account is canceled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Teacher, the applicable Teacher shall be entitled to payment for Teaching services performed by the Teacher prior to the effective date of termination, payable within sixty (60) days of termination. Such payment shall constitute full settlement of any and all claims of Teacher of every description against BITU.

 

16.  DMCA Notice

 

It is BITU’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify BITU’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

·         An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

 

·         Identification of the copyrighted work that you claim has been infringed.

 

·         Identification of the material that is claimed to be infringing and where it is located on the Platform.

 

·         Information reasonably sufficient to permit BITU to contact you, such as your address, telephone number, and email address.

 

·         A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

 

·         A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

 

Attn: BITU VN LTD

 

3rd floor, 35 Le Van Thiem, Thanh Xuan Trug, Thanh Xuan, Hanoi.

 

UNDER THE LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying BITU and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BITU’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

In accordance with the DMCA and other applicable law, BITU has adopted a policy of, in appropriate circumstances and at BITU’s sole discretion, terminating the account or access of users who are deemed to be infringers or repeat infringers.

 

17.  Third-Party Links and Resources

 

The Platform may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by BITU. BITU is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by BITU, and BITU does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and BITU’s Privacy Policy do not apply to your use of such links. You expressly relieve BITU from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that BITU is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from s