www.pandatree.com
Open in
urlscan Pro
195.114.110.147
Public Scan
Submitted URL: http://pandatree.com/
Effective URL: https://www.pandatree.com/
Submission: On November 26 via manual from US — Scanned from DE
Effective URL: https://www.pandatree.com/
Submission: On November 26 via manual from US — Scanned from DE
Form analysis 5 forms found in the DOM
<form id="frist_user_varification_from">
<div class="row">
<div class="col-md-12">
<div class="em_ver_01">
<div class="form-group">
<h2 class="text-center mt-0 mb-20 text-green font-bold" id="top_msg">Welcome!</h2>
<label for="frist_user_varification_email" style="font-weight:normal;" class="text-theme text-center d-block mb-10">Get your link to book a <span class="font-semibold">FREE</span> trial lesson</label>
<input class="form-control em_ver_input" placeholder="Enter email" type="email" tabindex="1" name="frist_user_varification_email" id="frist_user_varification_email">
<label for="frist_user_varification_email-error" generated="true" style="display:none" class="has-error">This field is required.</label>
<label for="frist_user_varification_email-error_not_valid" generated="true" style="display:none" class="has-error">Please enter valid email address.</label>
</div>
<div class="text-center">
<input type="hidden" class="csrffld" name="pandatree_token" value="c8f151f454440dfad7dd1375e8bd45e9">
<button type="button" class="btn btn-orange w-100px f-16 px-20 py-10 mt-5 mb-10" onclick="frist_user_varification_popup()">Send Link</button>
</div>
</div>
<div class="em_ver_02" style="display: none;">
<h2 class="text-center mt-0 mb-20 text-green font-bold">Book Your First Lesson Free!</h2>
<div class="email-msg-txt">
</div>
<p class="p-16 text-theme">
</p>
<p class="p-16 text-theme email-msg"> Is <span class="font-semibold" id="send_email"></span> not your email? <br><a href="#" onclick="clearmodal()" class="link-orange text-underline">Change</a> your email. </p>
</div>
<div class="em_ver_03" style="display: none;">
<b>
<p class="p-16 text-theme al-email-msg-txt text-center"></p>
</b>
</div>
</div>
</div>
</form><form class="form-signin" id="add_parent" role="form">
<div id="error_msg"></div>
<div class="Gift_modal_footerlink">
<a class="btn-link-orange " onclick="$('div.Gift_signup').hide();$('div.Gift_signin').show();">Already have account? Login</a>
</div>
<div class="form-group" style="display:none;">
<label for="story_session" style="font-size: 16px;">Choose the Story Time</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" id="story_session_registration" name="story_session_registration" tabindex="-98">
<option value="">Select</option>
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-2" aria-haspopup="listbox" aria-expanded="false" data-id="story_session_registration"
title="Select">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Select</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-2" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
</div>
<div class="form-group">
<input type="text" class="form-control" id="register_first_name" name="register_first_name" placeholder="Parent First Name" required="" autofocus="" tabindex="1">
</div>
<div class="form-group">
<input type="text" class="form-control" id="register_last_name" name="register_last_name" placeholder="Parent Last Name" required="" autofocus="" tabindex="1">
</div>
<div class="form-group">
<input type="text" class="form-control" id="register_email_address" name="register_email_address" placeholder="Parent Email Address" required="" autofocus="" tabindex="1" autocomplete="off">
</div>
<div class="form-group">
<div class="input-group">
<span class="input-group-btn">
<div class="dropdown bootstrap-select btn btn-default bs3"><select name="country_code" class="btn btn-default" style="height:55px;font-size: 16px;" tabindex="-98">
<option value="1">+1</option>
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</select><button type="button" class="btn dropdown-toggle btn-default" data-toggle="dropdown" role="combobox" aria-owns="bs-select-3" aria-haspopup="listbox" aria-expanded="false" title="+1">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">+1</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-3" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
</span>
<input type="tel" class="form-control" id="register_phone" name="register_phone" placeholder="Parent Phone Number" required="" autofocus="" tabindex="1" autocomplete="off" maxlength="10">
</div>
</div>
<div class="form-group">
<a onclick="hide_password(); return false;" id="pass_hide_show" class="btn btn-link-orange pull-right">Hide Password</a>
<input type="text" class="form-control" id="register_password" name="register_password" placeholder="Password" required="" tabindex="1">
</div>
<div class="signup_btp_Select">
<div class="dropdown bootstrap-select bs3" style="width: 100%;"><select class="selectpicker" data-width="100%" tabindex="-98" name="register_timezone" id="register_timezone">
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-4" aria-haspopup="listbox" aria-expanded="false" data-id="register_timezone" tabindex="1"
title="Nothing selected">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Nothing selected</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-4" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
</div>
<div class="form-group">
<div class="row">
<div class="col-md-12">
<label>Language interest:</label>
</div>
<div class="col-md-5 col-sm-5 col-xs-5">
<div class="checkbox checkbox-primary remember_checkbox">
<div class="checkbox_block">
<input type="hidden" name="language[0]" value="">
<input type="checkbox" id="mandarin_language" name="language[0]" value="1" tabindex="1">
<label for="mandarin_language">Mandarin Chinese</label>
</div>
</div>
</div>
<div class="col-md-5 col-sm-5 col-xs-5">
<div class="checkbox checkbox-primary remember_checkbox">
<div class="checkbox_block">
<input type="hidden" name="language[1]" value="">
<input type="checkbox" id="spanish_language" name="language[1]" value="2" tabindex="1">
<label for="spanish_language">Spanish</label>
</div>
</div>
</div>
<div class="col-md-12" style="display:none;">
<input type="text" class="form-control" name="language[2]" placeholder="Other Language" tabindex="1">
</div>
</div>
</div>
<div class="form-group">
<div class="checkbox checkbox-primary remember_checkbox" style="margin-bottom: 0;">
<div class="checkbox_block">
<input type="checkbox" id="terms_cond1" name="terms_cond" value="check" onchange="activateButton(this);" tabindex="1">
<label for="terms_cond1">I have read and accept the <a class="btn-link-orange" data-backdrop="static" data-keyboard="false" data-toggle="modal" data-target="#modal-1"> Terms of Service.</a> </label>
</div>
</div>
</div>
<div class="row">
<div class="col-md-6 col-sm-6 col-xs-12">
<input type="hidden" name="source" id="sourceName" value="1">
<input type="hidden" name="pandatree_token" value="c8f151f454440dfad7dd1375e8bd45e9">
<div class="Gift_sm_center">
<button class="btn btn-lg btn-orange signup_btn_page" type="submit" name="register_user" id="register_user" value="Submit">Sign Up</button>
</div>
</div>
<div class="col-md-6 col-sm-6 col-xs-12 ">
<div class="Gift_modal_footerlink">
<a class="btn-link-orange " onclick="$('div.Gift_signup').hide();$('div.Gift_signin').show();">Already have account? Login</a>
</div>
</div>
</div>
</form>POST
<form role="form" id="parent_form" method="post" onsubmit="return false;">
<div id="error_msg">
</div>
<div class="row">
<div class="col-md-12 col-sm-12 col-xs-12">
<input type="text" class="form-control" placeholder="Parent Email Address" id="parent_identity" name="parent_identity" required="" autocomplete="off">
<input type="password" class="form-control" placeholder="Password" id="parent_password" name="parent_password" style="margin-bottom: 15px;" required="" autocomplete="off">
</div>
<div class="col-md-12 col-sm-12 col-xs-12">
<div class="checkbox checkbox-primary remember_checkbox">
<div class="checkbox_block">
<input type="checkbox" id="checkbox585" name="remember_me" tabindex="3">
<label for="checkbox585">Remember Me</label>
</div>
</div>
</div>
<div class="col-md-6 col-sm-6 col-xs-12">
<div class="Gift_sm_center">
<input type="hidden" name="group" id="group_id" value="1">
<input type="hidden" name="pandatree_token" value="c8f151f454440dfad7dd1375e8bd45e9">
<button class="btn btn-lg btn-orange signin_btn_page" type="submit" name="login_parent" tabindex="2" id="login_parent" value="Submit">Sign in</button>
</div>
</div>
<div class="col-md-6 col-sm-6 col-xs-12 ">
<div class="Gift_modal_footerlink">
<a class="btn-link-orange" onclick="$('div.Gift_signin').hide();$('div.Gift_signup').show();">New User? Sign up</a>
</div>
</div>
</div>
</form><form id="child_registration_form">
<div class="row">
<div class="form-group col-md-12">
<label for="first_name">Child's First Name <span style="color:#C60"><b> *</b></span></label>
<input type="text" class="form-control" id="child_firstname" name="child_firstname" value="" placeholder="Enter First Name">
<p class="has-error hide" id="child_firstname_error"></p>
</div>
</div>
<div class="row">
<div class="form-group col-md-6">
<label for="username">Child's Username<span style="color:#C60"><b> *</b></span></label>
<input type="text" class="form-control" id="child_username" name="child_username" value="" placeholder="Enter Username">
<p class="has-error hide" id="child_username_error"></p>
</div>
<div class="form-group col-md-6">
<label for="child_password">Child's Password<span style="color:#C60"><b> *</b></span></label>
<input type="text" class="form-control" id="child_password" name="child_password" value="" placeholder="Enter Password">
<p class="has-error hide" id="child_password_error"></p>
</div>
</div>
<div class="row">
<div class="form-group col-md-6">
<label for="child_age1">Age</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" id="child_age1" name="child_age1" tabindex="-98">
<option value="">Select age</option>
<option value="2">2 (accompanied by parent/caregiver)</option>
<option value="3">3 (accompanied by parent/caregiver)</option>
<option value="4">4 (accompanied by parent/caregiver)</option>
<option value="5">5 (accompanied by parent/caregiver)</option>
<option value="6">6</option>
<option value="7">7</option>
<option value="8">8</option>
<option value="9">9</option>
<option value="10">10</option>
<option value="11">11</option>
<option value="12">12</option>
<option value="13">13</option>
<option value="14">14</option>
<option value="15">15</option>
<option value="16">16</option>
<option value="17">17</option>
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-5" aria-haspopup="listbox" aria-expanded="false" data-id="child_age1" title="Select age">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Select age</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-5" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
<p class="has-error hide" id="child_age_error1"></p>
</div>
<div class="form-group col-md-6">
<label for="child_gender">Gender</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" id="child_gender" name="child_gender" tabindex="-98">
<option value="">Select gender</option>
<option value="Boy"> Boy</option>
<option value="Girl"> Girl</option>
<option value="Non-Binary"> Non-Binary</option>
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-6" aria-haspopup="listbox" aria-expanded="false" data-id="child_gender" title="Select gender">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Select gender</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-6" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
</div>
</div>
<div class="row">
<div class="form-group col-md-12">
<label for="school_name">School Name (Optional) </label>
<input id="child_school_name" type="text" class="form-control input-lg" name="child_school_name" placeholder="School Name" value="">
</div>
</div>
<div class="modal-footer" id="child_modal_footer">
<input type="hidden" class="csrffld" name="pandatree_token" value="c8f151f454440dfad7dd1375e8bd45e9">
<button type="button" class="btn btn-orange col-xs-12" style="color:#fff;padding: 15px 18px;" onclick="register_child();" value="Submit">Add Child</button>
</div>
</form><form onsubmit="return!1">
<div class="media select-lang">
<div class="media-left d-flex">
<label for="Language" class="control-label f-14">Language:</label>
</div>
<div class="media-body">
<ul class="book_session_btn">
<li>
<button onclick="active_btn(1)" class="btn btn-default" id="languageButton_1" value="0"> Chinese </button>
</li>
<li>
<button onclick="active_btn(2)" class="btn btn-default" id="languageButton_2" value="0"> Spanish </button>
</li>
</ul>
</div>
<label id="language_error" for="language_error" generated="true" style="display:none" class="has-error">This field is required.</label>
</div>
<div class="form-group">
<label for="timezone" class="f-14">Your Time zone</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" tabindex="-98" name="timezone" id="timezone">
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-7" aria-haspopup="listbox" aria-expanded="false" data-id="timezone" tabindex="1"
title="Nothing selected">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Nothing selected</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-7" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
<label for="timezone-error" generated="true" style="display:none" class="has-error">This field is required.</label>
</div>
<div class="form-group">
<label for="child_age" class="f-14">Your child's age</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" id="child_age" name="child_age" tabindex="-98">
<option value=""> Select age</option>
<option value="2">2 (accompanied by parent/caregiver)</option>
<option value="3">3 (accompanied by parent/caregiver)</option>
<option value="4">4 (accompanied by parent/caregiver)</option>
<option value="5">5 (accompanied by parent/caregiver)</option>
<option value="6">6</option>
<option value="7">7</option>
<option value="8">8</option>
<option value="9">9</option>
<option value="10">10</option>
<option value="11">11</option>
<option value="12">12</option>
<option value="13">13</option>
<option value="14">14</option>
<option value="15">15</option>
<option value="16">16</option>
<option value="17">17</option>
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-8" aria-haspopup="listbox" aria-expanded="false" data-id="child_age" title="Select age">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Select age</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-8" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
<label for="child_age-error" generated="true" style="display:none" class="has-error">This field is required.</label>
</div>
<div class="form-group">
<label for="language_level" class="f-14">Your child's <span id="select_lang">Chinese</span> language level</label>
<div class="dropdown bootstrap-select form-control bs3"><select class="form-control" id="language_level" name="language_level" tabindex="-98">
<option value=""> Select level</option>
<option value="Cannot understand or speak"> Cannot understand or speak</option>
<option value="Knows/understands some words"> Knows/understands some words</option>
<option value="Basic conversation">Basic conversation</option>
<option value="Proficient">Proficient</option>
<option value="Fluent">Fluent</option>
</select><button type="button" class="btn dropdown-toggle btn-default bs-placeholder" data-toggle="dropdown" role="combobox" aria-owns="bs-select-9" aria-haspopup="listbox" aria-expanded="false" data-id="language_level" title="Select level">
<div class="filter-option">
<div class="filter-option-inner">
<div class="filter-option-inner-inner">Select level</div>
</div>
</div><span class="bs-caret"><span class="caret"></span></span>
</button>
<div class="dropdown-menu open">
<div class="inner open" role="listbox" id="bs-select-9" tabindex="-1">
<ul class="dropdown-menu inner " role="presentation"></ul>
</div>
</div>
</div>
<label for="language_level-error" generated="true" style="display:none" class="has-error">This field is required.</label>
</div>
<input type="hidden" class="csrffld" name="pandatree_token" value="c8f151f454440dfad7dd1375e8bd45e9">
<button type="submit" class="btn btn-orange w-100px f-16 px-20 py-10 mt-5 mb-10">Submit</button>
</form>Text Content
customercare@pandatree.com
(1-844-267-2632)
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PANDATREE USER AGREEMENT
TERMS OF SERVICE
Date of Last Revision: December 22, 2015
Welcome to PandaTree!
PandaTree,LLC (“PandaTree,” “we,” “us,” “our”) provides its services (described
below) to you through its website located at www.pandatree.com (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”). For the purposes of these Terms of Service,
“you” means a parent or guardian of the student who accesses or uses the
Services. If you are a parent, guardian, or other person who enables a child to
access the Services, you agree to stand in the shoes of such child for the
purposes of making us whole in case of damages or indemnification that could
properly lie against a child, if not for his or her age. 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.
In addition, when 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, the Privacy Policy located at
https://www.pandatree.com/privacy_policies All such terms are hereby
incorporated by reference into these Terms of Service.
This Terms of Service contains an Arbitration Agreement, which will, with
limited exception, require you to submit claims you have against us to binding
and final arbitration. Under the Arbitration Agreement, (1) you will only be
permitted to pursue claims against PandaTree 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.
Access and Use of the Service
Services Description: The Service is designed to provide online foreign language
tutoring for children ages 5-15 years old by providing them the opportunity to
practice language conversations skills one-on-one with a tutor. During the
scheduled session with a tutor of the parent’s choosing, the tutor and student
will engage in conversation, and the tutor may share PandaTree proprietary
content including photos, text and games to encourage discussion. After their
sessions children may return to PandaTree to review what they learned and
interact with PandaTree games and other materials.
Your Registration Obligations: You may be required to register with PandaTree in
order to access and use certain features of the Service. If you choose to
register for the Service, you agree to provide and maintain true, accurate,
current and complete information about yourself as prompted by the Service’s
registration form. Registration data and certain other information about both
you and the student are governed by our Privacy Policy. If you are under 18
years old, you may use the Service, with or without registering, only with the
approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the
confidentiality of your password and account, if any, and are fully responsible
for any and all activities that occur under your password or account. You agree
to (a) immediately notify PandaTree of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session when accessing the Service. PandaTree will
not be liable for any loss or damage arising from your failure to comply with
this Section.
PandaTree Tutor Quality Controls: You may select a PandaTree tutor from a
variety of available tutors. PandaTree is committed to a selective screening
process before hiring a given tutor. Each tutor participates in three to five
interview rounds with PandaTree, including online working interviews in the form
of practice tutoring sessions with real children, and is evaluated by managers
with expertise in the tutor’s language and in children’s education. Despite our
vetting process, the final selection of a tutor is ultimately your
responsibility; if you are dissatisfied with your choice you may either (i)
switch to a different tutor, as permitted through the Service, or (ii) terminate
your Services account and, if applicable, seek a refund for the relevant session
per the terms below. Regardless of your chosen remedy, if you are dissatisfied
with your tutor, we would ask that you contact us via the information listed at
the bottom of this Terms of Service, with a brief explanation of your
experience.
Modifications to Service: PandaTree reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that PandaTree will not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that PandaTree may
establish general practices and limits concerning use of the Service, including
without limitation the maximum period of time that data or other content will be
retained by the Service and the maximum storage space that will be allotted on
PandaTree’s servers on your behalf. You agree that PandaTree has no
responsibility or liability for the deletion or failure to store any data or
other content maintained or uploaded by the Service. You acknowledge that
PandaTree reserves the right to terminate accounts that are inactive for an
extended period of time. You further acknowledge that PandaTree reserves the
right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a
mobile device, including (i) the ability to upload content to the Service via a
mobile device, (ii) the ability to browse the Service and the Site from a mobile
device and (iii) the ability to access certain features through an application
downloaded and installed on a mobile device (collectively, the “Mobile
Services”). To the extent you access the Service through a mobile device, your
wireless service carrier’s standard charges, data rates and other fees may
apply. In addition, downloading, installing, or using certain Mobile Services
may be prohibited or restricted by your carrier, and not all Mobile Services may
work with all carriers or devices. By using the Mobile Services, you agree that
we may communicate with you regarding PandaTree and other entities by SMS, MMS,
text message or other electronic means to your mobile device and that certain
information about your usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to
promptly update your PandaTree account information to ensure that your messages
are not sent to the person that acquires your old number.
Conditions of Use
Recorded Sessions and Feedback: You agree that we may record all or any part of
any tutoring session scheduled through the Services (including voice chat
communications) for quality control and other purposes (“Session Recordings”).
You agree that you are responsible for supervision of the student during all
sessions, whether or not recorded, including any and all information shared by
the student. Your student should never share any information he or she may be
uncomfortable sharing. If we record a tutoring session, we will make that
session available for you to view through the Services for up to seven (7) days
after such session ends. PandaTree may, but shall have no obligation to store
Session Recordings thereafter. We reserve the right to review these Session
Recordings for any purpose. PandaTree may use excerpts from Session Recordings
for the purpose of training PandaTree tutors. PandaTree will not use any Session
Recording information publically that identifies you or the student without your
express written permission.
Notwithstanding anything to the contrary above, you agree that we own all
content associated with Session Recordings (including, but not limited to
transcripts and recordings) and all comments that you may provide to us on or
through the site, the Services or any other means, such as a part of user
satisfaction or other similar surveys (“Feedback”), and that these Terms shall
be deemed an irrevocable assignment of all such Session Recordings and Feedback,
each portion thereof and all intellectual property rights therein to us.
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 that may be provided through Session Recordings,
Feedback, 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 PandaTree.
PandaTree reserves the right to investigate and take appropriate legal action
against anyone who, in PandaTree’s sole discretion, violates this provision,
including 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, promotional 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 PandaTree, is objectionable or which
restricts or inhibits any other person from using or enjoying the Service, or
which may expose PandaTree 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 regulations 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 under the age of 18;
* 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 communications;
* 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; or
* recruit, solicit, or contact in any form tutors for the purpose of employment
or contracting for a business not affiliated with us without our advance
written permission.
Equipment: You shall be responsible for obtaining and maintaining any equipment
and ancillary services needed to connect to, access or otherwise use the
Services, including, without limitation, modems, hardware, server, webcams,
audio capability, operating system, networking, web servers, long distance and
local telephone service (collectively, “Equipment”). You shall be responsible
for ensuring that such Equipment is compatible with the Services.
Fees: To the extent the Service or any portion thereof (including the option to
purchase Credits, as defined below) is made available for any fee, you will be
required to select a payment plan and provide PandaTree information regarding
your credit card or other payment instrument. You represent and warrant to
PandaTree that such information is true and that you are authorized to use the
payment instrument. You will promptly update your account information with any
changes (for example, a change in your billing address or credit card expiration
date) that may occur. You agree to pay PandaTree the amount that is specified in
the payment plan in accordance with the terms of such plan and this Terms of
Service, however, PandaTree offers a 100% Money Back Guarantee. If there was an
issue with any session, please email us within 7 days of the session, or before
the next session at customercare@pandatree.com. Credit (as defined below) for
your session will be returned to your account. If you prefer to receive a refund
instead of a Credit, please let us know. See the Cancellations, Rescheduling and
Refunds section. We reserve the right to change PandaTree’s prices or session
lengths. If PandaTree does change prices or session lengths, PandaTree will
provide notice of the change on the Site or in email to you, at PandaTree’s
option, at least 30 days before the change is to take effect. Your continued use
of the Service after the price change becomes effective constitutes your
agreement to pay the changed amount. PandaTree may occasionally offer special
pricing promotions (discounts) for which the 30-day notice does not apply. You
shall be responsible for all taxes associated with the Services other than U.S.
taxes based on PandaTree’s net income.
Credits: Parents may make purchase PandaTree session credits in advance of
making a booking, in accordance with PandaTree’s then-current credit offerings
(“Credits”). When parents book a session with a tutor a credit is used and,
except as expressly set forth herein, becomes non-refundable. Credits can only
be used to book the type of session for which they were purchased for. For
example, two 25-minute credits cannot be used to book 50-minute sessions.
Special programs, such as camps may have their own pricing. Credits will be used
in the order they were purchased, i.e., the oldest credits will be used up
first. If you cancel a PandaTree session more than 24 hours before the session,
the credit for the session will be returned to your account. Sessions canceled
within 24 hours of the session will not be credited. If credits are refunded,
the dollar amount refunded will reflect the number of sessions used and what the
price for that number of sessions would have been at the time the credits were
purchased. For example: A parent purchases a bundle of 3 credits for 25-minute
sessions for $70. This represents a $5 savings from the regular price of $25 per
session. The parent only uses two credits and requests a refund on the third
credit. The amount refunded will be $20. That is because if the parent had
purchased two credits (and not the three credit bundle) the price would have
been $50. Thus $20 ($70-$50) is the amount refunded.
eGift Certificates
PandaTree offers eGift Certificates available for purchases. eGift Certificates
will be delivered via email to the parent or guardian email address specified by
the purchaser of the eGift Certificate. eGift Certificates expire in 1 year from
the date of purchase. The parent/guardian receiving the eGift Certificate must
accept PandaTree’s user agreement and create an account to use the eGift
Certificate. Any refunds on Gift Certificates will be made to the original
purchaser.
Cancellations, Rescheduling and Refunds: We will make every effort to start
sessions on time, however, if a student is late, we regret we cannot extend,
refund or credit sessions in whole or in part. We will issue refunds for
tutoring sessions cancelled by you for any reason, provided such cancellation is
received through the Services at least 24 hours in advance of your session. All
other session cancellations are non-refundable. If a PandaTree tutor is unable
to make a scheduled tutoring session, you may (i) select a different tutor
available at the same time; (ii) reschedule with your tutor of choice, as
available; or (iii) request a refund for that session. If you are dissatisfied
with the Service for any reason, you may request a refund by sending an email to
customercare@pandatree.com prior to the earlier of (i) seven (7) calendar days
after the date of the session with which you were dissatisfied, or (ii) prior to
your child’s next scheduled session. Thereafter, your sole remedy shall be
termination of your Services account. All refunds will be processed within ten
(10) days and payment shall be refunded to your payment instrument on file.
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. The Service is for your personal use.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the
Service may contain content or features (including but not limited to images and
photographs) (“Service Content”) that are protected by copyright, patent,
trademark, trade secret or other proprietary rights and laws. Except as
expressly authorized by PandaTree, you agree not to modify, copy, frame, scrape,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Service Content, in whole or in part, except that the foregoing
does not apply to your own User Content (as defined below) that you legally
upload to the Service. In connection with your use of the Service you will not
engage in or use any data mining, robots, scraping or similar data gathering or
extraction methods. If you are blocked by PandaTree from accessing the Service
(including by blocking your IP address), you agree not to implement any measures
to circumvent such blocking (e.g., by masking your IP address or using a proxy
IP address). Any use of the Service or the Service Content other than as
specifically authorized herein is strictly prohibited. The technology and
software underlying the Service or distributed in connection therewith are the
property of PandaTree, our affiliates and our partners (the “Software”). You
agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, or otherwise transfer any right in the Software. Any rights not
expressly granted herein are reserved by PandaTree.
The PandaTree name and logos are trademarks and service marks of PandaTree
(collectively the “PandaTree Trademarks”). Other PandaTree, product, and service
names and logos used and displayed via the Service may be trademarks or service
marks of their respective owners who may or may not endorse or be affiliated
with or connected to PandaTree. Nothing in this Terms of Service or the Service
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of PandaTree Trademarks displayed on the Service,
without our prior written permission in each instance. All goodwill generated
from the use of PandaTree Trademarks will inure to our exclusive benefit.
Please note that, while we make every effort to have accurate and appropriate
Service Content displayed on the Service, Panda Tree is not be responsible for
any errors, omissions or suggestions (implicit or explicit) that such Service
Content may contain. If you feel certain Service Content has been posted in
error or should be removed or corrected, please contact us at
customercare@pandatree.com.
Third Party Material: Under no circumstances will PandaTree be liable in any way
for any content or materials of any third parties (including users), including,
but not limited to, for any errors or omissions in any content, or for any loss
or damage of any kind incurred as a result of the use of any such content. You
acknowledge that PandaTree does not pre-screen content, but that PandaTree and
its designees will have the right (but not the obligation) in their sole
discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, PandaTree and its designees will have the right
to remove any content that violates these Terms of Service or is deemed by
PandaTree, in its sole discretion, to be otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such
content.
User Content Transmitted Through the Service: With respect to the content or
other materials you upload through the Service or share with other users or
recipients, including, without limitation, Session Recordings and Feedback
(collectively, “User Content”), you represent and warrant that you own all
right, title and interest in and to such User Content, including, without
limitation, all copyrights and rights of publicity contained therein. By
uploading any User Content you hereby grant and will grant PandaTree and its
affiliated companies a nonexclusive, worldwide, royalty free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, perform, distribute, store, modify and otherwise use your User Content
in connection with the operation of the Service or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later
developed.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Service (“Submissions”), provided by you
to PandaTree are non-confidential and PandaTree will be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that PandaTree may preserve content and may also
disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process, applicable laws or government requests; (b) enforce these Terms
of Service; (c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of PandaTree,
its users and the public. You understand that the technical processing and
transmission of the Service, including your content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Copyright Complaints: PandaTree 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
PandaTree of your infringement claim in accordance with the procedure set forth
below.
PandaTree 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 PandaTree’s Copyright Agent at Copyright@pandatree.com (Subject line:
“DMCA Takedown Request”). You may also contact us by mail or facsimile at:
PandaTree LLC
855 El Camino Real Ste 13A-234
Palo Alto, CA 94301
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 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, PandaTree 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,
PandaTree has adopted a policy of terminating, in appropriate circumstances and
at PandaTree's sole discretion, users who are deemed to be repeat infringers.
PandaTree may also at its sole discretion limit access to the Service and/or
terminate the memberships 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. PandaTree has no control over such
sites and resources and PandaTree is not responsible for and does not endorse
such sites and resources. You further acknowledge and agree that PandaTree 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 PandaTree is not liable
for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold PandaTree and its affiliates and their
officers, employees, directors and agent harmless from any 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. PANDATREE 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.
PANDATREE 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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANDATREE 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 PANDATREE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT WILL PANDATREE’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID
PANDATREE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS
($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS
IT AFFECTS YOUR RIGHTS.
* Agreement to Arbitrate:
The terms in the following subsections (a) through (h) in these Terms of
Service is the “Arbitration Agreement.” You agree that any and all disputes
or claims that have arisen or may arise between you and PandaTree, whether
relating to these Terms of Service (including any alleged breach thereof),
the Services, any advertising, any aspect of the relationship between us, or
otherwise, 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 PandaTree are each waiving the right to a trial by jury
or to participate in a class action. Your rights will be determined by a
neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement.
* Prohibition of Class and Representative Actions and Non-Individualized
Relief:
YOU AND PANDATREE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND
PANDATREE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE
THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY
RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
CLAIM(S).
* Pre-Arbitration Dispute Resolution:
PandaTree is always interested in resolving disputes amicably and
efficiently, and most customer concerns can be resolved quickly and to the
customer’s satisfaction by emailing customer support at
customercare@pandatree.com. 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 PandaTree should be
sent to PandaTree LLC, 885 El Camino Real, Suite 13A-234, Palo Alto, CA 94301
(“Notice Address”). The Notice must (a) describe the nature and basis of the
claim or dispute and (b) set forth the specific relief sought. If PandaTree
and you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or PandaTree may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by PandaTree
or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or PandaTree 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, http://www.adr.org.
Information about the AAA Rules and fees for consumer disputes can be found
at the AAA’s consumer arbitration page,
http://www.adr.org/consumer_arbitration. If there is any inconsistency
between the AAA Rules and this Arbitration Agreement, the 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 PandaTree 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, PandaTree 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, PandaTree will pay all Arbitration Fees. If
the value of relief sought is more than $75,000 and you are able to
demonstrate to the arbitrator that you are economically unable to pay your
portion of the Arbitration Fees or if the arbitrator otherwise determines for
any reason that you should not be required to pay your portion of the
Arbitration Fees, PandaTree 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, PandaTree will pay as
much of the Arbitration Fees as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. Finally, if the value of the relief
sought is $75,000 or less, PandaTree will pay reasonable attorneys’ fees
should you prevail. PandaTree will not seek attorneys’ fees from you. But, if
you initiate an arbitration in which you seek more than $75,000 in relief,
the 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 decides that any term or provision of this Arbitration Agreement
other than subsection (b) above is invalid or unenforceable, the parties
agree to replace such term or provision with a term or provision that is
valid and enforceable and that comes closest to expressing the intention of
the invalid or unenforceable term or provision, and this Arbitration
Agreement shall be enforceable as so modified. If a court decides that any of
the provisions of subsection (b) is 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,
PandaTree 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 PandaTree written
notice within thirty (30) calendar days of the change to the Notice Address
provided above. By rejecting any future change, you are agreeing that you
will arbitrate any dispute between us in accordance with the language of this
Arbitration Agreement.
Arbitration
At PandaTree’s or your election, all disputes, claims, or controversies arising
out of or relating to the Terms of Service or the Service that are not resolved
by mutual agreement may be resolved by binding arbitration to be conducted
before JAMS, or its successor. Unless otherwise agreed by the parties,
arbitration will be held in San Francisco, California before a single arbitrator
mutually agreed upon by the parties, or if the parties cannot mutually agree, a
single arbitrator appointed by JAMS, and will be conducted in accordance with
the rules and regulations promulgated by JAMS unless specifically modified in
the Terms of Service. The arbitration must commence within forty-five (45) days
of the date on which a written demand for arbitration is filed by either party.
The arbitrator’s decision and award will be made and delivered within sixty (60)
days of the conclusion of the arbitration and within six (6) months of the
selection of the arbitrator. The arbitrator will not have the power to award
damages in excess of the limitation on actual compensatory, direct damages set
forth in the Terms of Service and may not multiply actual damages or award
punitive damages or any other damages that are specifically excluded under the
Terms of Service, and each party hereby irrevocably waives any claim to such
damages. The arbitrator may, in his or her discretion, assess costs and
expenses (including the reasonable legal fees and expenses of the prevailing
part) against any party to a proceeding. Any party refusing to comply with an
order of the arbitrators will be liable for costs and expenses, including
attorneys’ fees, incurred by the other party in enforcing the award.
Notwithstanding the foregoing, in the case of temporary or preliminary
injunctive relief, any party may proceed in court without prior arbitration for
the purpose of avoiding immediate and irreparable harm. The provisions of this
arbitration section will be enforceable in any court of competent jurisdiction.
YOU AND PANDATREE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and
Company agree otherwise in writing, the arbitrator may not consolidate more than
one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and
void.
Notwithstanding the provisions of the introductory section above, if PandaTree
changes this ‘Arbitration’ section after the date you first accepted these Terms
of Service (or accepted any subsequent changes to these Terms of Service ), you
may reject any such change by sending us written notice within 30 days of the
date such change became effective, as indicated in the “Date of Last Revision”
date above or in the date of PandaTree’s email to you notifying you of such
change. By rejecting any change, you are agreeing that you will arbitrate any
dispute between you and PandaTree in accordance with the provisions of this
section 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 PandaTree, 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 PandaTree 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 authorities. PandaTree 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 PandaTree 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 PandaTree
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 PandaTree will have no liability or
responsibility with respect thereto. PandaTree reserves the right, but has no
obligation, to become involved in any way with disputes between you and any
other user of the Service.
General
These Terms of Service constitute the entire agreement between you and PandaTree
and govern your use of the Service, superseding any prior agreements between you
and PandaTree 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 PandaTree agree to submit to the
personal and exclusive jurisdiction of the state and federal courts located
within San Francisco County, California. The failure of PandaTree 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 admissible 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 this Terms of Service without the prior written
consent of PandaTree, but PandaTree may assign or transfer this 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.
Changes to PandaTree’s Privacy Policy:
The Services and our business may change from time to time. As a result, at
times it may be necessary for PandaTree to make changes to this Privacy Policy.
PandaTree reserves the right to update or modify this Privacy Policy at any time
and from time to time without prior notice. Please review this policy
periodically, and especially before you provide any Personal Data. This Privacy
Policy was last updated on the date indicated above. Your continued use of the
Services after any changes or revisions to this Privacy Policy shall indicate
your agreement with the terms of such revised Privacy Policy.
Your Privacy
At PandaTree, 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 customercare@pandatree.com to report any violations of
these Terms of Service or to pose any questions regarding this Terms of Service
or the Service.
Try your first 25 minute lesson FREE through Nov 30!
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ADDITIONAL PROGRAMS
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MONTHLY SUBSCRIPTIONS
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ASSESSMENTS
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IT'S EASY TO GET STARTED.
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What Parents Say
Excellent
4.93 based on
362 reviews
Andrea
Verified Customer
We love Pandatree! The instructors are top notch and the platform is really fun
and engaging! I was skeptical that my young child could learn Spanish via the
computer, but I was absolutely wrong. She looks forward to her lessons each week
which makes me so happy. I've also found PandaTree's customer service to be
really great - and always quick to respond. I can't say enough good things about
it!
Arlington, United States, 6 months ago
Row
Verified Customer
No words to express how great this program is!
7 months ago
Megan
Verified Customer
Panda Tree is excellent! The tutors are patient and engaging. My son loves
taking lessons. When we had a tech issue, PandaTree responded promptly. I highly
recommend PandaTree to anyone interested in one on one virtual lessons.
7 months ago
Anonymous
Verified Customer
I love how flexible the class schedules are. Since my sons have a lot of
extracurricular activities, it is crucial that I can change the schedule when
needed. Also the tutors are all nice and responsible. I have tried about four
different tutors and nobody disappointed me.
7 months ago
Anonymous
Verified Customer
My son’s instructor, Heng is extremely patient and sensitive to my son’s needs.
He makes each lesson fun. My son makes great progress for the past few years
using Panda Tree.
Belgrade, Serbia, 8 months ago
Hellen
Verified Customer
My children always look forward to their lessons with Ana!
8 months ago
Teresa
Verified Customer
Learning a language is hard. I am just glad my kids found their favorite teacher
and get weekly exposures to a lanage that grew up with.
San Francisco, United States, 8 months ago
ALEXIA
Verified Customer
We started our journey with PandaTree one year and a half ago. Tutors are
outstanding ! Very professional. Lessons are interactive and cover a wide range
of topics. My son's tutor always adjusts her lessons according to my son's area
of interests. He loves her so much and enjoys learning with her. Last but not
least: best customer service ever !! We're so grateful :-)
8 months ago
Marisa
Verified Customer
Great language learning service for my son
East Meadow, United States, 8 months ago
Kristi
Verified Customer
We have used Panda Tree tutors off and on for 4 years. Our elementary and middle
school kids are in a Mandarin immersion program without native speakers at home.
We use Panda Tree to improve conversation skills for our older kiddo and help
with school lessons/homework for our younger one. The tutors show up on time and
engage with good material and follow up for new vocabulary. Great communication.
We love working with Panda Tree to improve their language skills.
Irvine, United States, 8 months ago
Anonymous
Verified Customer
The tutor make it easy to learn Mandarin for my 6 year-old. The lessons are fun
and engaging. The tutor is patient and encouraging.
Vancouver, Canada, 8 months ago
Kathleen
Verified Customer
We love PandaTree and our teacher Aileen! My child (7) laughs and looks forward
to the class (“It’s not school!”), and her Spanish vocabulary has skyrocketed.
We are happy to recommend PandaTree.
Abingdon, United States, 9 months ago
Lindsay
Verified Customer
We have used Panda Tree since 2018 - our daughter started chinese lessons in the
preschool program. We recently took a year off and coming back I was worried
about how she would transition into the beginner lessons. Her teacher was
patient and understanding with us! We love PandaTree and all the support they
give you.
Rye, United States, 9 months ago
Jenny
Verified Customer
PandaTree has offered us an amazing opportunity to help our child learn Spanish!
She loves her instructor. The lessons are fun and very organized. Extremely easy
to follow. I recommend to all my friends. Thank you 🙏
9 months ago
Anel and Juan
Verified Customer
Excellent program. Great costumer service and the instructors are eager,
helpful, and very knowledgeable. This has been a great addition to our kids'
activities and easy to access from the comfort of our home.
Las Vegas, United States, 9 months ago
Michael
Verified Customer
Our 6 year old has been using PandaTree for about a year and we love it. The
25-minute session length is perfect. The content is engaging and the live tutors
are wonderful. Most important—she's learning Spanish! Highly recommend!
Pittsfield, United States, 10 months ago
Malysa
Verified Customer
We live in an area where there aren’t any options for Chinese immersion or even
many tutors. We tried with local Chinese teachers or students but it wasn’t very
effective, as they were either used to teaching older students or had no
teaching background. In the last few months, our kids have made amazing progress
in their speaking and understanding of Mandarin. They look forward to their
classes and have a hard time picking between a few favorite teachers because
they enjoy both of the teachers they’ve had lessons with. The sessions are
engaging, with different games and songs through the hub. And the 25 minutes is
a perfect amount of time for the attention span of our 3 and 5 year old.
11 months ago
Emily
Verified Customer
My 4 year old daughter Sofia uses PandaTree weekly. She loves learning Spanish.
Her teacher Adriana is the best! She is so knowledgeable, patient, and kind. We
are very happy with our experience.
Phoenix, United States, 1 year ago
Erika
Verified Customer
PandaTree has enabled me to get in touch with s Spanish tutor who can help my
child learn the language at his own pace and in his own time. 30 minutes 2 times
or once a week does make a difference.
Ridgewood, United States, 1 year ago
Ehron
Verified Customer
We love Maestra Adriana. She is so patient and kind with our son who can be a
bit rambunctious at times. His ability to understand and form short phrases in
Spanish has just blossomed.
1 year ago
See More
MEET SOME OF OUR TUTORS
Our carefully hired tutors are U.S. based and know how to engage kids. Log in to
see profiles and choose your child's new friend.
Sarah
Chinese Tutor
* With a BA in Children's Learning and Development, Sarah is a creative,
cheerful and encouraging teacher who has taught Mandarin globally in
different countries. She is passionate about teaching and attends
professional development conferences about education and language learning
regularly.
Jenny
Chinese Tutor
* Jenny is an outgoing, enthusiastic, and high-energy tutor who enjoys working
best with beginner and intermediate kids. She engages her students with
games, laughter, and using the student's present interests and situation to
create a fun, relevant learning experience.
Adriana
Spanish Tutor
* With over 13 years of teaching experience in the United States and Mexico,
Adriana is a friendly, enthusiastic and patient tutor who works well with
students of all ages.
SEE ALL TUTORS
MEET SOME OF OUR TUTORS
Our carefully hired tutors are U.S. based and know how to engage kids. Log in to
see profiles and choose your child's new friend.
1.
2.
3.
4.
Sarah
Spanish Tutor
* BA, Global Children’s Learning and Development, University of Massachusetts,
Amherst, Massachusetts Diploma Program: major in English, minor in Japanese,
Xinjiang University, Urumqi, China Certificate, Teaching Chinese as a Foreign
Language, Beijing Language and Culture University, China Professional
Development Certification: International Baccalaureate Organization
* Mandarin, Art and Music Teacher at International Schools, China Mandarin
Teacher and Founding Staff Member for kindergarten through grade 8 students
at International School, Singapore English Teacher for middle school students
at Foreign Languages School, China Mandarin Teacher for kindergarten through
grade 12 students at International School, South Korea
* Originally from Urumqi, China
Jenny
Spanish Tutor
* BA, English Major, Zhejiang Ocean University Certificate, Language teaching
(K-12)
* Head teacher at Public School in China from third grade to sixth grade
Language Teaching Center Tutor for various ages Private Chinese Tutor in
America - kindergarten and elementary age
* Originally from Ningbo, China
Adriana
Spanish Tutor
* Degree in International Business graduated in 2001, Instituto Tecnológico y
de Estudios Superiores de Monterrey (ITESM), Monterrey, N.L
* Preschool English teacher for 6 years in San Antonio, TX English, World
History and World Geography Middle School teacher in a private school in
Mexico for 2 years Kindergarten and Elementary English teacher for 2 years in
Mexico Spanish Teacher for 3 years for Professionals in Mexico
* Originally from Coahuila, Mexico
MORE SPANISH TUTORS
PANDATREE FAQS
How do I find the right tutor for my child?
We're really picky about the tutors we hire, and we think you'll be impressed
with all of them. Log into PandaTree and read the profile of tutors to choose
the tutor you think your child will like best. We recommend looking for shared
interests and a personality fit.
What equipment do we need for PandaTree lessons?
For PandaTree lessons you'll need:
One of the following devices, with a built-in or external camera and microphone,
and a high-speed Internet connection.
Supported Device Supported Browsers By Device Window PC (laptop or desktop)
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Firefox
Opera
Mac (laptop or desktop)
Chrome
Firefox
Opera
Safari
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Safari only
Chromebook
Chrome only
Android Tablet
Chrome only
Mobile Phone (not supported)
Not supported
Device Requirements Camera
External or internal required
Microphone
External or internal required
High Speed Internet Connection
1 Mbps
Test your equipment and connection before a lesson here.
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Andrea
Verified Customer
We love Pandatree! The instructors are top notch and the platform is really fun
and engaging! I was skeptical that my young child could learn Spanish via the
computer, but I was absolutely wrong. She looks forward to her lessons each week
which makes me so happy. I've also found PandaTree's customer service to be
really great - and always quick to respond. I can't say enough good things about
it!
Was this review helpful?
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No
Arlington, United States, 6 months ago
Row
Verified Customer
No words to express how great this program is!
Was this review helpful?
Yes
No
7 months ago
Megan
Verified Customer
Panda Tree is excellent! The tutors are patient and engaging. My son loves
taking lessons. When we had a tech issue, PandaTree responded promptly. I highly
recommend PandaTree to anyone interested in one on one virtual lessons.
Was this review helpful?
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7 months ago
Anonymous
Verified Customer
I love how flexible the class schedules are. Since my sons have a lot of
extracurricular activities, it is crucial that I can change the schedule when
needed. Also the tutors are all nice and responsible. I have tried about four
different tutors and nobody disappointed me.
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No
7 months ago
Anonymous
Verified Customer
My son’s instructor, Heng is extremely patient and sensitive to my son’s needs.
He makes each lesson fun. My son makes great progress for the past few years
using Panda Tree.
Was this review helpful?
Yes
No
Belgrade, Serbia, 8 months ago
Hellen
Verified Customer
My children always look forward to their lessons with Ana!
Was this review helpful?
Yes
No
8 months ago
Teresa
Verified Customer
Learning a language is hard. I am just glad my kids found their favorite teacher
and get weekly exposures to a lanage that grew up with.
Was this review helpful?
Yes
No
San Francisco, United States, 8 months ago
ALEXIA
Verified Customer
We started our journey with PandaTree one year and a half ago. Tutors are
outstanding ! Very professional. Lessons are interactive and cover a wide range
of topics. My son's tutor always adjusts her lessons according to my son's area
of interests. He loves her so much and enjoys learning with her. Last but not
least: best customer service ever !! We're so grateful :-)
Was this review helpful?
Yes
No
8 months ago
Marisa
Verified Customer
Great language learning service for my son
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No
East Meadow, United States, 8 months ago
Kristi
Verified Customer
We have used Panda Tree tutors off and on for 4 years. Our elementary and middle
school kids are in a Mandarin immersion program without native speakers at home.
We use Panda Tree to improve conversation skills for our older kiddo and help
with school lessons/homework for our younger one. The tutors show up on time and
engage with good material and follow up for new vocabulary. Great communication.
We love working with Panda Tree to improve their language skills.
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Irvine, United States, 8 months ago
Anonymous
Verified Customer
The tutor make it easy to learn Mandarin for my 6 year-old. The lessons are fun
and engaging. The tutor is patient and encouraging.
Was this review helpful?
Yes
No
Vancouver, Canada, 8 months ago
Kathleen
Verified Customer
We love PandaTree and our teacher Aileen! My child (7) laughs and looks forward
to the class (“It’s not school!”), and her Spanish vocabulary has skyrocketed.
We are happy to recommend PandaTree.
Was this review helpful?
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No
Abingdon, United States, 9 months ago
Lindsay
Verified Customer
We have used Panda Tree since 2018 - our daughter started chinese lessons in the
preschool program. We recently took a year off and coming back I was worried
about how she would transition into the beginner lessons. Her teacher was
patient and understanding with us! We love PandaTree and all the support they
give you.
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Rye, United States, 9 months ago
Jenny
Verified Customer
PandaTree has offered us an amazing opportunity to help our child learn Spanish!
She loves her instructor. The lessons are fun and very organized. Extremely easy
to follow. I recommend to all my friends. Thank you 🙏
Was this review helpful?
Yes
No
9 months ago
Anel and Juan
Verified Customer
Excellent program. Great costumer service and the instructors are eager,
helpful, and very knowledgeable. This has been a great addition to our kids'
activities and easy to access from the comfort of our home.
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Las Vegas, United States, 9 months ago
Michael
Verified Customer
Our 6 year old has been using PandaTree for about a year and we love it. The
25-minute session length is perfect. The content is engaging and the live tutors
are wonderful. Most important—she's learning Spanish! Highly recommend!
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Pittsfield, United States, 10 months ago
Malysa
Verified Customer
We live in an area where there aren’t any options for Chinese immersion or even
many tutors. We tried with local Chinese teachers or students but it wasn’t very
effective, as they were either used to teaching older students or had no
teaching background. In the last few months, our kids have made amazing progress
in their speaking and understanding of Mandarin. They look forward to their
classes and have a hard time picking between a few favorite teachers because
they enjoy both of the teachers they’ve had lessons with. The sessions are
engaging, with different games and songs through the hub. And the 25 minutes is
a perfect amount of time for the attention span of our 3 and 5 year old.
Was this review helpful?
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11 months ago
Emily
Verified Customer
My 4 year old daughter Sofia uses PandaTree weekly. She loves learning Spanish.
Her teacher Adriana is the best! She is so knowledgeable, patient, and kind. We
are very happy with our experience.
Was this review helpful?
Yes
No
Phoenix, United States, 1 year ago
Erika
Verified Customer
PandaTree has enabled me to get in touch with s Spanish tutor who can help my
child learn the language at his own pace and in his own time. 30 minutes 2 times
or once a week does make a difference.
Was this review helpful?
Yes
No
Ridgewood, United States, 1 year ago
Ehron
Verified Customer
We love Maestra Adriana. She is so patient and kind with our son who can be a
bit rambunctious at times. His ability to understand and form short phrases in
Spanish has just blossomed.
Was this review helpful?
Yes
No
1 year ago