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InstaEDU User Terms of Service
Last Updated Date: 2/28/2014
InstaEDU, Inc. ("InstaEDU", "our", "us" or "we") provides InstaEDU, an online platform that connects tutors with individuals seeking tutoring services via video, text chat, document collaboration and other services (collectively, the "Services") through our website, accessible at www.instaedu.com (the "Site"). The Services include the ability for Users and Tutors (each as defined below) to interact via the InstaEDU platform's interface or other methods as may be made available by InstaEDU from time to time.
Key Service-related Terms
"Content" means text, graphics, images, software, audio, video, information or other materials.
"Collective Content" means, collectively, InstaEDU Content and User Content.
“Tutor” means a tutoring or educational services provider accessible via the Services.
"InstaEDU Content" means Content that InstaEDU makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
“Lesson Services” mean any tutoring or educational services a User may receive from a tutor related to a User's InstaEDU account or the Services.
“User” means a person who completes the account registration process to seek and/or schedule Lesson Services for a student or his or her self (e.g., a student, parent or guardian).
"User Content" means Content that a tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Experts via the Services.
You understand and agree that InstaEDU acts only as an interface to facilitate communications between Users and Tutors and to collect payment from Users on behalf of Tutors. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT INSTAEDU IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF INSTAEDU. INSTAEDU HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, SEARCHING FOR A TUTOR VIA THE SITE OR SERVICES, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE USER TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE USER TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these User Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these User Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
How the Site and Services Work
The Site and Services can be used to facilitate the provision of Lesson Services via our online platform and its video and text chat and document collaboration interface. As stated above, InstaEDU makes available a platform with related technology for Users to connect with Tutors online and conduct the Lesson Services via our online interface as requested by Users. InstaEDU is not a provider of tutoring services. InstaEDU's role is solely to facilitate the availability of the Site and Services. Similarly, InstaEDU is not a contracting agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of InstaEDU.
Also, as part of the Services, Users may post school and education-related questions via the Services to be answered by Tutors via the Services (“Questions”). Please note that although any Questions that a User posts, along with any corresponding responses and/or comments from tutors, will be publicly viewable via the Services, and InstaEDU does not guarantee that any Questions will be answered, and, if such Questions are answered, that the answers to such Questions will be correct.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND TUTORS FOR THE PROVISION OF LESSON SERVICES. INSTAEDU CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY TUTORS FOR STUDENTS, OR THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. INSTAEDU IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S SOLE RISK.
Eligibility; Account Registration and Usage
In order to access certain features of the Site and Services you must register to create an account (“Account”) and become a “User”. To become a User you must be at least 13 years of age and only Users that are at least 18 years of age may purchase the Lesson Services (defined below). Any purchase of Lesson Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 or older.
As part of the Services, a User can add other Users or individuals to his or her Account (“Multi-User Accounts”), where the User who creates a Multi-User Account (the “Administrator”) can purchase Lesson Services to be used by other individuals or Users. Each such individual or User is referred to as an “Authorized User”. Via the Services, the Administrator can monitor the progress of Authorized Users. Without limiting any other terms of these User Terms of Service, as an Administrator you understand and agree that you will ensure that all Authorized Users comply with the terms and conditions of these User Terms of Service and will be liable for any violations thereof by your Authorized Users.
You can register to join the Services as a User directly via the Site or by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.
When you register with InstaEDU and set up your Account, you: (I) agree to provide InstaEDU with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize InstaEDU, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your login information and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify InstaEDU of any unauthorized use of your password or Account.
You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to or use the features of the Site and Services only made available to Users; and (ii) other Users to use a specific Lesson Service through your Account, including at the same time that you are doing so.
Purchasing Lesson Services
In order to pay for Lesson Services purchased via the Site and Services, except in connection with a Trial Period (described below), Users age 18 years of age or older must provide valid payment information before connecting with a tutor. Lesson Services may be purchased in three (3) forms: (i) on a per minute basis; (ii) as a pre-paid weekly or monthly subscription package; or (iii) as a standard pre-paid package. Lesson Services purchased on a per minute basis are charged based upon the time of use of the Lesson Services, with a minimum of five (5) minutes per Lesson Services session. All partial minutes of Lesson Services used are rounded up. All Lesson Services purchased as a pre-paid package will be billed at the time of package selection. Lesson Services purchased as a pre-paid subscription package are charged on a weekly or monthly basis depending upon the selections made via the Services at the time of choosing a subscription (the “Pre-Paid Minimum”). Any time for Lesson Services used beyond the Pre-Paid Minimum will be billed to your Account on a per-minute basis. All Lesson Services fees are charged in USD currency. Detailed information about pricing for Lesson Services is available on the FAQ page.
Users will receive an email summary within a commercially reasonable time after the Lesson Services session is completed. If for some reason there is a discrepancy concerning Lesson Services charges, please contact us at email@example.com. InstaEDU may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at InstaEDU's sole discretion. Notwithstanding the foregoing, InstaEDU is not responsible if your Account is accessed or used by a third party without your permission.
InstaEDU may offer free or discounted trials during which Users may use the Services to receive Lesson Services from Tutors for the time period specified in the promotional offer (“Trial Period”). In order to use the Services during a Trial Period, you will be required to provide payment information as described in the section titled “Purchasing Lesson Services” above. Trials may not be combined with any other offer and are only available to Users who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. InstaEDU reserves the right, in its sole discretion, to revoke any Lesson Services time made available to you or purchased by you in connection with a Trial Period if it believes that you have created multiple Accounts via the Services. At the conclusion of the Trial Period, you will be billed for any time used beyond the specified Trial Period as described herein and via the Services.
As noted above, Users may post Questions via the Services to be answered by Tutors via the Services. In connection with posting a Question, you may be able to specify the amount of time you would like a Tutor to spend answering such Question. If no time is specified by you via the Services, we will estimate a default time of 15 minutes. The time that you specify via the Services or the default time will be considered as Lesson Services time and such Lesson Services time will be deducted from your Account or we will charge your payment method for such time, depending on your Account purchase and subscription settings, within a reasonable time after your Question is answered by a Tutor via the Services. InstaEDU cannot guarantee the actual amount of time that a Tutor spends answering any Question and disclaims any and all liability in this regard.
If for any reason you are not satisfied with a tutor after receiving a Lesson Services from such Tutor, please contact us at firstname.lastname@example.org. All refunds are at InstaEDU's sole discretion.
You may receive credits for Lesson Services time (“Lesson Credits”). Lesson Credits accrued in multiple Accounts may not be combined into one Account. Except as explicitly provided herein, Lesson Credits are non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, applied to any other Account and have no value outside of the Site and Services. Any attempt to do any of the foregoing is in violation of these User Terms of Service and will result in an automatic termination of your rights to use the Lesson Credits.
Lesson Credits may be provided to you in the following instances: (i) if you choose to participate in the InstaEDU Referral Program (defined below) or (ii) an InstaEDU staff member chooses to voluntarily add Lesson Credits to your account. Decisions related to Lesson Credits will be made in InstaEDU's sole discretion. Notwithstanding any other terms of these User Terms of Service, InstaEDU may terminate, suspend or discontinue the offer of Lesson Credits based at any time for any reason, in its sole discretion, with or without notice to you.
InstaEDU Referral Program
As a Member, by referring your friends to register and join InstaEDU, you may participate in our “Referral Program”. If you choose to participate in the Referral Program, for friends you refer to InstaEDU for which a Qualifying Referral (defined below) is completed, you may receive Lesson Credits via the Services. The amount of Lesson Credits you may receive in connection with a Qualifying Referral will be determined by InstaEDU in its sole discretion. InstaEDU may also provide Lesson Credits to the friend who is the subject of a Qualifying Referral, in its sole discretion.
In order to receive a Lesson Credit in connection with the Referral Program, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Account and choose to share a unique referral link made available via your Account; (ii) you must share the link provided with five (5) unique friends via SNS, by copying and pasting the unique referral link generated via the Services, or by sending the unique referral link generated via the Services in an email to your friends. Lesson Credits, if any, will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. Notwithstanding any other terms of these User Terms of Service, InstaEDU may terminate, suspend or discontinue the Referral Program at any time for any reason, or modify the number of unique friends required, in its sole discretion, with or without notice to you.
Interaction with Tutors and Use of Lesson Services
InstaEDU acts as a technology service that facilitates provision of Lesson Services between Users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Lesson Services or contents thereof. InstaEDU does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third party, of the Site and Services. InstaEDU does not endorse any Tutors. In addition, although the InstaEDU Tutor Terms of Service require Tutors to provide accurate information, we do not attempt to confirm, and do not confirm, any Tutor's purported identity. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users.
By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from InstaEDU with respect to such actions or omissions. In addition, InstaEDU is not responsible for the use or exchange of any information or files between Tutors and Users. Further, InstaEDU does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
If you ever believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, InstaEDU urges you to immediately contact the police directly for help.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of InstaEDU and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Subject to your compliance with the terms and conditions of these User Terms of Service, InstaEDU grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any InstaEDU Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
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 Site, Services or Collective Content, except as expressly permitted in these User Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by InstaEDU or its licensors, except for the licenses and rights expressly granted in these User Terms of Service.
License granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to InstaEDU, which InstaEDU may exercise solely in connection with InstaEDU's provision of the Services: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Tutors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. InstaEDU does not claim any ownership rights in any User Content and nothing in these User Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to InstaEDU and to the rights in such User Content, as contemplated under these User Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or InstaEDU's use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Third Party Services
You understand and agree that provision of Lesson Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Lesson Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. InstaEDU shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
InstaEDU respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users, Tutors or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at instaedu.com/copyright for further information.
Comments on Tutors and Feedback
Tutor Reviews. In connection with your receipt of Lesson Services, you may have the opportunity to leave feedback and make comments about your experience with the Tutor with whom you have interacted (“Tutor Reviews”) by filling out the review form made available via the Site. InstaEDU advises you to exercise caution and good judgment when leaving such comments. Once you submit your comments to via the Site you will not be able to go back and edit your comments, and such comments will be publicly viewable via the Site. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. InstaEDU has no obligation to monitor or censor comments that are provided by Users, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. InstaEDU disclaims any and all liability relating to Tutor Reviews. Notwithstanding the foregoing, InstaEDU does reserve the right, in its sole discretion, to remove any Tutor Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms of Service.
Feedback. We invite you to provide InstaEDU with feedback, comments and suggestions for improvements to the Site and Services (collectively, “Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Tutor Reviews and all Feedback will be the sole and exclusive property of InstaEDU. You hereby assign to InstaEDU and agree to assign to InstaEDU all of your right, title and interest in and to all Tutor Reviews and Feedback, including all intellectual property rights therein. At InstaEDU's request and expense, you will execute documents and take such further acts as InstaEDU may reasonably request to assist InstaEDU to acquire, perfect and maintain its intellectual property rights and other legal protections for the Tutor Reviews and Feedback.
You will not take any actions which may undermine the review system used to solicit feedback and comments from Users, including, without limitation, leaving negative comments if a tutor fails to perform some action that is outside the scope of the Lesson Services, or for another untruthful or malicious reason.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) would cause harms to another User's or Tutor's computer is downloaded.
You also agree not to:
- Use, display, mirror or frame the Site, or any individual element within the Site or Services, InstaEDU's name, any InstaEDU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without InstaEDU's express written consent;
- Access, tamper with, or use non-public areas of the Site, InstaEDU's computer systems, or the technical delivery systems of InstaEDU's providers;
- Attempt to probe, scan, or test the vulnerability of any InstaEDU system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by InstaEDU or any of InstaEDU's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by InstaEDU or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a InstaEDU trademark, logo URL or product name without InstaEDU's express written consent;
- Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these User Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
InstaEDU will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. InstaEDU may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms of Service. You acknowledge that InstaEDU has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. InstaEDU reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that InstaEDU, at its sole discretion, considers to be in violation of these User Terms of Service or otherwise harmful to the Site or Services.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that InstaEDU 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 such websites or resources. Links to such websites or resources do not imply any endorsement by InstaEDU of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Your use of the Site or Services may involve the exchange of file attachments between you and an InstaEDU Tutor. InstaEDU is not responsible or liable for the content of such attachments. You acknowledge sole responsibility for and assume all risk arising from your downloading any such attachments.
InstaEDU reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these User Terms of Service, at any time and without prior notice. If we modify these User Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these User Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified User Terms of Service. If the modified User Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
Termination and Account Cancellation
If you breach any of these User Terms of Service, InstaEDU will have the right to suspend or disable your Account or terminate these User Terms of Service, at its sole discretion and without prior notice to you. InstaEDU reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event InstaEDU terminates these User Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE, SERVICES AND INVITE PROGRAM ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. INSTAEDU AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND INVITE PROGRAM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. INSTAEDU DOES NOT WARRANT THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.
YOU ACKNOWLEDGE AND AGREE THAT INSTAEDU DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. INSTAEDU SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INSTAEDU OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT INSTAEDU DOES NOTHAVE AN OBLIGATION TO CONDUCT REFERENCE CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH REFERENCE CHECKS OR INTERVIEWS IN ITS SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT INSTAEDU DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES INSTAEDU MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. INSTAEDU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
You agree to defend, indemnify, and hold InstaEDU, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these User Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM, REMAINS WITH YOU. NEITHER INSTAEDU NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF THE LESSON SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A TUTOR IN PERSON, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTAEDU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL INSTAEDU'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, LESSON SERVICES, INVITE PROGRAM OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO INSTAEDU FOR USE OF THE SITE, SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT, IF YOU ARE HAVE MADE ANY PAYMENTS TO INSTAEDU OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS GREATER), IF YOU HAVE NOT MADE ANY PAYMENTS TO INSTAEDU, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSTAEDU AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of InstaEDU used herein are trademarks or registered trademarks of InstaEDU. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These User Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These User Terms of Service constitute the entire and exclusive understanding and agreement between InstaEDU and you regarding the Site, Services, Invite Program and Collective Content, and these User Terms of Service supersede and replace any and all prior oral or written understandings or agreements between InstaEDU and you regarding the Site, Services, Invite Program and Collective Content.
You may not assign or transfer these User Terms of Service, by operation of law or otherwise, without InstaEDU's prior written consent. Any attempt by you to assign or transfer these User Terms of Service, without such consent, will be null and of no effect. InstaEDU may assign or transfer these User Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these User Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms of Service, will be in writing and given: (i) by InstaEDU via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and InstaEDU agree that any dispute, claim or controversy between you and InstaEDU, or otherwise arising out of or relating to these User Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Invite Program (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and InstaEDU are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and InstaEDU otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these User Terms of Service.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and InstaEDU otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, and you pursue your claim in arbitration, then the arbitration will be conducted solely on the basis of documents you and InstaEDU submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the User Terms of Service of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. InstaEDU will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, InstaEDU will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if InstaEDU changes this "Dispute Resolution" section after the date you first accepted these User Terms of Service (or accepted any subsequent changes to these User Terms of Service), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of InstaEDU'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 InstaEDU in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these User Terms of Service (or accepted any subsequent changes to these User Terms of Service).
The failure of InstaEDU to enforce any right or provision of these User Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of InstaEDU. Except as expressly set forth in these User Terms of Service, the exercise by either party of any of its remedies under these User Terms of Service will be without prejudice to its other remedies under these User Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these User Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms of Service will remain in full force and effect.
If you have any questions about these Student Terms of Service, please contact InstaEDU at firstname.lastname@example.org or at 530 Howard St, Suite 100, San Francisco, California 94105.