Terms of Service
EFFECTIVE DATE : JUNE 30, 2018
Welcome to A+ Teacher!
Important! Please read these terms of service carefully as they affect your legal rights and obligations. This Terms of Service apply to the websites (the “site”), applications, software, and other interactive features or services provided on or in connection with the services (collectively the “Services”). By accessing or using the Services, you signify that you have read, understood, and agreed to be bound by this Terms of Service whether or not you are a registered user of our Services. This agreement applies to all visitors, users, and others who access the Services (“Users”). For the purpose of these Terms, “we”, “our”, “us”, “A+ Teacher”, and the “company” refer to APlusTeacher Inc., the providers and operators of the Services.
This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.
We reserve the right to make changes to this Terms of Service at any time. Any modifications will become effective immediately upon posting to the site, and it is your responsibility to periodically review the current version of this Terms of Service as posted on the site.
If you do not agree to any of this Terms of Service or future Terms of Service, do not use or access (or continue to access) the Services.
A+ Teacher provides an online platform that allows teachers (“Teacher”) and individual seeking teaching or educational services (“Students”) to connect one another with the goal of allowing teachers to offer teaching or educational services (“Lesson Services”) to Students ("Students" and "Teachers" shall also be referred to hereinafter, collectively, as "Users").
The Company makes available to Users such functionalities as: search engine for listing and finding Teachers, user profiles, live chats, digital classroom, and options to attach teaching materials.
A+ Teacher is not a provider of teaching services. A+ Teacher’s role is solely to facilitate the availability of the Site and Services. Similarly, A+ Teacher is not a contracting agent or representative of any Teacher or Student. Teachers are independent contractors and are not employees or agents of A+ Teacher. As a Teacher, you agree that you are an independent contractor, that you are not an employee or agent of A+ Teacher, and that nothing in this Terms of Service will be construed as establishing an employment or agency relationship between you and A+ Teacher. You have no authority to bind A+ Teacher by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Lesson Services in connection with this Terms of Service or as related to the Services or Site, as well as the price for your Lesson Services, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by A+ Teacher to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by A+ Teacher pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
You agree that you are fully and solely responsible for all goods and services that you provide using the Services and for any and all injuries, illnesses, damages, claims, liabilities and costs that you cause to other Users.
We have the right, but not the obligation, to monitor any activity and content associated with these Services.
3. Account Registration
In order to use the Services, you will be required to register as an user and to provide us with information, including potentially your name, email address, phone number, mailing address, gender, username, and password ("Credentials"). Registering for the Services is free of charge.
When you register with A+ Teacher and set up your account ("Account"), you:
(i) agree to provide A+ Teacher 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 A+ Teacher, 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 username or password that you are not authorized to use.
We handle your personally identifiable information with the utmost attention, care, and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.
You will be asked to create a user profile (a "Profile") in the course of registering for the Services. You may edit and update your Profile freely and may also upload an image of yourself to use as a profile picture ("Profile Photo"). Creating a Profile Photo is voluntary, and you may remove your Profile Photo at any time.
You are required to submit your resume, teaching materials, sample teaching video, and PayPal account number for verification.
You agree that you will not permit, enable, introduce, or facilitate
(i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Teachers and
(ii) other persons to participate in providing Lesson Services from your Account.
4. User Content
You acknowledge that you may be able to create, transmit, publish or display information (such as data, text, graphics, videos, messages, or other materials) through use of the Services. All such information is referred to below as the "Content".
You agree that you are solely responsible for (and that A+ Teacher has no responsibility to you or to any third party for) any Content that you create, transmit, publish, display or otherwise make available while using the Services, and for the consequences of your actions (including any loss or damage which A+ Teacher may suffer) in connection with such Content. Furthermore, you acknowledge that A+ Teacher does not control or actively monitor Content uploaded by other users and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will A+ Teacher be liable in any way for any such Content.
5. Proprietary Rights / Trademarks
The Services are owned and operated by A+ Teacher. Unless otherwise explicitly specified by A+ Teacher, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, " A+ Teacher Content"), are owned, controlled, or licensed by A+ Teacher or A+ Teacher 's third party partners. A+ Teacher Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third parties. Any unauthorized use of A+ Teacher Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
If you register to use the Site and Services as a Teacher and provide Lesson Services via the Site and Services, you may be entitled to receive a payment from Students for the provision of Lesson Services (“Teacher Payment”). You may determine the amount that you wish to charge for your Lesson Services in your discretion, and this information will be displayed publicly in our searchable database. When a Student signs up for a Lesson Service session (or sessions) with you, we will obtain the requested Teacher Payment from him or her, and once the Lesson Service session (or sessions) is completed, we will transfer the Teacher Payment to you, minus our service charge (the “Service Charge”). The Service Charge shall consist of a percentage of the total Payment.
In order to receive Teacher Payments from A+ Teacher, you will be required to create an account with our third party payment processor. Teacher Payments will be remitted to you via the account you create with such third party payment processor within a commercially reasonable time after your provision of Lesson Services to a User. You are solely responsible for ensuring that you will be able to transfer money from the third party payment processor.
You acknowledge and agree that A+ Teacher reserves the right, in its sole discretion, to prospectively modify its rate for Service Charges at any time. We have no obligation to inform you about the rate for service charges.
Please note that if a Teacher Payment sent by A+ Teacher to you in accordance with this Terms of Service is later invalidated or reversed for any reason (e.g. a Student requests a refund), you will be liable to A+ Teacher for the full amount of such Teacher Payment that A+ Teacher sent to you and any fees related there to. This means that you will be responsible for reimbursing A+ Teacher in the event of a chargeback, reversal of payment or other claim by a Student in this regard. You will also be responsible for the applicable Service Charge if you fail to provide Lesson Services that you previously agreed to provide to a Student, and A+ Teacher is forced thereby to return the Teacher Payment to the Student. You agree that any amounts owed by you to A+ Teacher may be deducted directly from future Teacher Payments to you.
8. Third Party Link
9. Limitation of Liability
In no event shall the A+ Teacher be liable for any indirect, economic, special, incidental or consequential losses or damages related to: (a) the services; (b) the content; (c) user content; (d) your use of, inability to use, or the performance of the site; (e) action taken in connection with an investigation by the A+ Teacher or law enforcement authorities regarding your use of the site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the services' technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the A+ Teacher have been advised of or should have known of the possibility of such damages. In no event will the A+ Teacher total liability to you for all damages, losses or causes or action exceed the amounts paid by you, if any, to A+ Teacher in the past six months, or $250, whichever is greater. The prior limitation on damages is not intended to limit the A+ Teacher obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the A+ Teacher liability for personal injury or property damage caused by the A+ Teacher, or for the A+ Teacher gross negligence, fraud or intentional, willful, malicious or reckless misconduct. This section shall survive any expiration or termination of your relationship with A+ Teacher.
You agree that in the event you incur any damages, losses or injuries that arise out of the A+ Teacher acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other A+ Teacher content owned or controlled by the A+ Teacher, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other A+ Teacher content owned or controlled by the A+ Teacher.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows: "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."
10. Restrictions of Use
To ensure that the Services are only used and accessed for educational purposes, you agree that you will not (and you may not permit anyone else to) do any of the following while using the Services:
engage in Teacher/Student communications that are unrelated to learning or the subject of the relevant Lesson Services, including without limitation communications that solicit or disclose personally identifiable information such as full name, age, and city of residence;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that 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;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services;
use the Services to solicit users directly for commercial purposes without the prior written consent of A+ Teacher, except in those areas that are designated for such purpose;
create multiple accounts or otherwise attempt to access the Services in a manner intended to avoid incurring fees or Service Charges.
disrupt the normal flow of communication on the Services or otherwise act in a manner that negatively affects other users' ability to use the Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
access or use the Services in any way that is harmful to A+ Teacher or other Users;
intentionally or unintentionally violate any applicable local, state, national or international law;
access the Services from territories where its contents are illegal is prohibited (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another user;
use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services;
collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
access the Services for the purpose of bringing an intellectual property infringement claim against A+ Teacher or for the purpose of creating a product or service competitive with the Services.
A+ Teacher may refuse to store, provide, or otherwise maintain your Content for any or no reason. A+ Teacher may remove your Content from the Services, terminate your account, and prevent or limit your access to the Services at any time if you violate these Terms or if the Services are canceled or suspended. If Content is stored using the Services with an expiration date, A+ Teacher may also delete the Content after such expiration date. Content that is deleted may be irretrievable.
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.
By using the Services, you consent to receiving electronic communications from A+ Teacher. These communications will include notices about your account (e.g. receiving e-mails and other transactional information) and information concerning or related to our Services, such as featured content or other announcements.
You may review your personal information and request changes to be made to your personal information at any time either through your Profile or by contacting us.
A+ Teacher reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.
12. Disclaimer of Warranties
You expressly understand and agree that your use of the services are at your sole risk and that the services are provided “as is” and “as available.”
The company, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the company, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the services will be accurate. A+ teacher does not warrant that provision of lesson services will produce any level of profit or business for you or lead to economic benefit.
You acknowledge and agree that A+ Teacher does not have an obligation to conduct criminal background checks on or to interview or screen any user of the site or services, including, but not limited to, teachers, but may conduct such criminal background checks or screening or interviews in its sole discretion and solely for its own benefit. You are solely responsible for all of your communications and interactions with teachers 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 teachers or students via the services or otherwise. You understand that A+ Teacher does not make any attempt to verify the statements of teachers, students and other users of the site or services. A+ Teacher makes no representations or warranties as to the conduct of teachers, students 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 hold harmless and indemnify A+ Teacher, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “A+ Teacher and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
”I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:
A+ Teacher Service
15. Modifications and Termination of the Service
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that A+ Teacher, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that A+ Teacher will not be liable to you or any third party for such termination.
You are solely responsible for exporting your Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
16. Contact Us
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site or the Services, please contact us at:A+ Teacher Service
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.