Date Updated: 7.1.2022
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, USING OR ACCESSING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE OR ACCESS YOUR ACCOUNT OR REGISTER A SUB-ACCOUNT ON THE PLATFORM, YOU AGREE THAT YOU AND YOUR CHILD ARE BOUND BY THESE TERMS IN RESPECT OF YOUR USE OF AND ACCESS TO AND/OR SUCH CHILD'S USE OF AND ACCESS TO THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CHECK OR CLICK ON, OR OTHERWISE AGREE TO THESE TERMS AND YOU MUST IMMEDIATELY LEAVE THIS WEBSITE AND NOT ACCESS OR USE THE WEBSITE, PLATFORM OR ANY OF THE SERVICES. UPON TEACHERS1ON1'S REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THESE TERMS.
THESE TERMS MAY BE AMENDED OR MODIFIED BY TEACHERS1ON1'S IN TEACHERS1ON1'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. Teachers1on1 indicates on the top of the page when these Terms were last modified. Your continued access to or use of the Website, Platform or any of the other Services following such modifications will be deemed acceptance of such modifications, which will apply on a going-forward basis from such acceptance. In addition, Teachers1on1 reserves the right to modify or cease providing all or any portion of the Services at any time, with or without notice. You agree it is your obligation to regularly return to this page to ensure familiarity with, and agreement to, the most recent version of these Terms.
THE SERVICES ARE NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY TEACHERS1ON1 OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN AND CREATED AS A SUB-ACCOUNT.
Users under the age of 18 are prohibited from creating an Account by themselves for the Services. Users under the age of 18 with consent of their parent or legal guardian, may create and register a Sub-Account (defined below) under the Account (defined below) of their parent or legal guardian. If you have any questions, you may contact our customer service department. Additionally, Users who have previously been banned from the Services (or are currently under a suspension) are prohibited from accessing the Services (see Section 15 below for more about suspension and removal).
5.1 Acceptance of Terms. By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that: (i) you are a US resident at least 18 years of age; (ii) if you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence; or (iii) your use of and access to the Services via a Sub-Account has been created and registered by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Services by Teachers1on1 and that your registration and your use of the Services is in compliance with any and all applicable laws.
5.2 Accounts. An Account will be required to be created in order to access the Platform and certain other Services(an "Account"). Parents will be provided the opportunity to create a sub-account for any Student(s) for whom they are the parent or legal guardian, of which such sub-account is directly linked to their own Account ("Sub-Accounts"). All references to the term "Account" hereafter shall refer collectively to the term "Account" and the term "Sub-Account" as both terms are defined herein this Section. Use of an Account may subject you to additional contractual terms and conditions applicable to such Services ("Additional Terms"), which Additional Terms will be accessible to you on the Platform or presented to you as Additional Terms when you register for or access any portions of the Services requiring your additional review and agreement. Any Additional Terms shall be incorporated into and form a part of these Terms. Each Account is for the User's personal use only. The User will not create more than one account nor authorize others to use their Account for any purpose, except in the case of a Student User and a Parent User (defined in Section 6).
5.3 Security. In creating your Account, you certify that all information you provide is true, complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person's account for any reason. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur through your Account. The parents or legal guardian, as applicable, shall be responsible for all activities occurring on Sub-Accounts created under their Account. You will not buy, sell, rent, or lease access to your Account. You agree to contact our customer service department immediately in the event of any actual, suspected or threatened breach of security, unauthorized use of your Account, or any violation of these Terms by others of which you are aware. You agree that Teachers1on1shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of or access to your Account, and you agree to indemnify and hold us harmless for any such unauthorized use. Teachers1on1 reserves the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Student User, Parent User, and Teacher User, all collectively referred to as "User."
6.1 Student Users. If you are under the age of 18 (a "Student User"), you may not create or register a Sub-Account for the Services without consent and approval from your legal parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. A Student User will only be permitted to use the Services for so long as Teachers1on1 reasonably believes that such access has been consented to by the Student User's parent or guardian. A Student User may not create a personal account apart from an approved Sub-Account under a Parent User's (as defined below) Account. Teachers1on1 recognizes the need to provide additional protections with respect to the personal information we may collect from children pursuant to the United States' Children's Online Privacy Protection Act of 1998 ("COPPA"). Children under the age of 13 (a "Child" or "Children") are not permitted to use or access the Services without their parent or legal guardian's required approval and consent. Students Users that are also Children are not permitted to create a personal Account on their own and may only use an approved Sub-Account under a Parent User's Account. Teachers1on1 will always seek verifiable consent from Parent User (defined below) for all Children accessing the Platform and certain other Services via a Sub-Account ("Child User").
6.2 Parent User. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Student User of the Services, you may register an Account on the Services ("Parent User"). Through a Parent User Account, you may create, register, manage and approve Student User Sub-Accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY STUDENT USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH STUDENT USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH STUDENT USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICES BY THE STUDENT USER.
6.3. Teacher Users. If you are at least 18 years of age and you are a provider of educational support, services, and materials, you may register a teacher Account on the Services ("Teacher User"). Teacher Users will have opportunities to provide educational courses, coursework, collaboration activities, and support services at Parent or Student User's request ("Teacher Content").
6.4 You acknowledge that Teachers1on1 may choose to, but is not obligated, make any inquiries, either directly or through third parties, that Teachers1on1 deems necessary to validate your registration information, including without limitation, engaging third parties to provide verification services. Teachers1on1 reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT TEACHERS1ON1 CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER, AND TEACHERS1ON1 IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TEACHER USER OR TO VERIFY THAT A PARENT IDENTIFIED BY A STUDENT USER OR OTHER PARTY DURING REGISTRATION IS SUCH STUDENT USER'S ACTUAL PARENT OR GUARDIAN. A Teacher User Account, or a Parent User account, along with all associated Student User Sub-Accounts, may be terminated by Teachers1on1 at any time, and without warning, for any failure to abide by these Terms.
7.1 Teachers and User Content; Ownership. The Services may further provide a Platform for Users to create, post, upload, post, exhibit, share, submit and/or display content created by or provided by Users, including audiovisual content, written works posted on message boards and whiteboards, chat and blogs, instant messaging and other content, including, without limitation, videos, music, images and text (collectively, "User Content", or together with "Teacher Content", "Content"). You represent and warrant to Teachers1on1 that you wish to access, engage, interact, communicate with or otherwise be exposed to the Services and Teacher Content and any such Content provided by you is in compliance with the community standards in your area and other applicable laws and regulations. You understand that whether or not your User Content is published, Teachers1on1 does not guarantee any confidentiality with respect to any submissions. Consistent with applicable law, as between Teachers1on1 and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Teachers1on1 does not claim any ownership rights in or to the copyright in such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
7.3 License Grant to Users.
(a) User Postings. By posting, submitting or distributing User Content or other postings ("User Postings") through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Teachers1on1 on or through the Services.
(b) Downloadable Content. The Services may permit you to download mobile applications or certain digital educational content, including certain Teacher Content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Teachers1on1 grants to you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to: (i) modify or create derivative works of the Downloadable Content unless expressly permitted in the description of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
7.4 Access to Your User Content. Teachers1on1 may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although Teachers1on1 may provide certain features intended to allow you to restrict some User Content you create from others, Teachers1on1 does not guarantee that such User Content will never be accessible by others. TEACHERS1ON1 HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
7.5 Disclaimer. You understand that when using or accessing the Platform or Services, you will be exposed to Content and User Postings from various groups and individuals, and that Teachers1on1 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or User Postings. You further understand and acknowledge that you may be exposed to Content and User Postings that is inaccurate, offensive, indecent and/or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Teachers1on1 with respect thereto. Teachers1on1 does not endorse any Content, User Postings or any opinion, recommendation, or advice expressed therein, and Teachers1on1 expressly disclaims any and all liability in connection with such Content and User Postings. The views and opinions expressed in the Content or User Postings are solely those of the account which provided such Content or User Postings and not those of Teachers1on1. Teacher Users are independent contractors and are not endorsed, employed by, or agents of Teachers1on1. YOU FULLY ASSUME ALL RISK OF LOSS OR HARM ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES.
7.6 Sponsored Content. All of the provisions in this Section 7 shall apply with equal force to Teacher Content and User Content that includes advertorials, native advertising, or sponsorship ("Sponsored Content"). Teachers1on1 will not directly present Sponsored Content to Student Users. Without limitation, all of your representations, warranties, indemnification obligations, and other obligations under the Terms will apply equally to Sponsored Content as they would to any other content you submit. You are solely responsible for ensuring that your Sponsored Content complies with all applicable federal, state, and local laws, rules and regulations, including without limitation the Federal Trade Commission's Guides Concerning Endorsements and Testimonials ("FTC Guidelines"), including all required disclosures and disclaimers.
As with Teacher Content or User Content, Teachers1on1 assumes no liability for Sponsored Content submitted by you or any other users of the Service, or for any product or service offered by or through Sponsored Content ("Sponsored Products and Services"). You shall be solely liable for Sponsored Content that you submit through the Services and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Services.
In addition to all other termination provisions set forth in the Terms, Teachers1on1 reserves the right, but does not undertake the obligation, to terminate immediately your access to the Services if you fail to make disclosures in any Sponsored Content you submit in accordance with the FTC Guidelines or as otherwise required by applicable law. Further, in the event that Sponsored Content submitted by you includes material or promotes products or services which, in Teachers1on1's sole opinion, conflicts with or does not align with Teachers1on1's business, community, ethical or other goals, then Teachers1on1 shall have the right (a) to require that you cease submission of the Sponsored Content and/or (b) immediately terminate your access to the Services.
7.7 Use of Teacher Content, Name, and Likeness in Marketing Materials. Teacher Users each acknowledge and agree that:
7.8 Parent User Name, and Likeness in Marketing Materials. Each Parent User acknowledges and agrees that Teachers1on1 reserves the right to use Parent User's name, likeness and profile photo, if applicable, in connection with testimonials you post publicly to the platform in marketing materials and social media content to promote the platform and its services.
The Platform and Services are owned and operated by Teachers1on1. With the exception of the User Content, User Postings and Teacher Content, the data and materials provided on the Platform or through the Services, including without limitation, Teachers1on1's trademarks, service marks, logos, visual interfaces, graphics, design, compilation, information, content, software, computer code (including source code or object code), text, pictures, videos, data, sound files, other files and the selection and arrangement thereof (collectively, the "Materials"), are the intellectual property of Teachers1on1 and are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). Except as expressly authorized by Teachers1on1, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer, or otherwise make use of the Materials. All Materials are provided to you solely for your information and personal, non-commercial use. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Teachers1on1 reserves all rights not expressly granted in and to the Platform, Services, and Materials. Subject to your compliance with these Terms, Teachers1on1 hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access, view and use the Platform, Services and Materials for non-commercial purposes. As more fully provided above, with respect to the User Content and Teacher Content all such content is owned by the person or people who provide such Content.
Opinions, advice, statements, offers or other information or content made available through the Services, including but not limited to Teacher Content, User Content, Sponsored Content and Third Party Content, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Teachers1on1 does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided through the Services; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party that appears through the Services. Under no circumstances will Teachers1on1 or Teachers1on1's affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any of Teachers1on1 Users, Teachers or Third Parties.
You understand that Teacher Content and User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. Teachers1on1does not control this content and do not guarantee its accuracy, integrity or quality. All such content is provided "AS IS" without representation or warranty of any kind. You agree that under no circumstances shall Teachers1on1 be liable to you in any way in connection with any Teacher Content or User Content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content. Teachers1on1 claims immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any content provided by third parties. Neither Teachers1on1's actions nor any provision of these Terms is intended to waive, remove or usurp such immunity.
The Services are made available for your personal use. You will not use the Services to advertise or solicit any User to buy or sell any other products or services nor make any investment. You may not transmit any chain letters, junk or spam e-mail to other Users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without the applicable User's prior express written consent. If you breach the terms of this section and/or send or post unsolicited bulk e-mail, spam or other unsolicited communications of any kind through the Services, Teachers1on1 reserves all rights, claims and causes of action Teachers1on1may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
You acknowledge and agree that your communications with Teachers or Users via chats, conferences, bulletin boards, blogs, User Content, User Posts and other posts and any other avenues of communication through the Services are public and not private communications. Therefore, Teachers1on1 strongly encourages you to use caution before disclosing any personal information about yourself in your public communications. Teachers1on1 is not responsible for information that you choose to communicate to other Users, or for the action of any Teachers or any Users, and you agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications or actions.
Teachers1on1 reserves the right, but not the obligation, to cease transmission of, block or remove any content, including, but not limited to, User Content or Teacher Content, in whole or in part, that Teachers1on1, in Teachers1on1's sole discretion, deems to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether such content or its dissemination is unlawful. Teachers1on1 retains the right, but not the obligation, to monitor any and all transmissions and postings of content and other materials from time to time to investigate or prevent violations of these Terms. In addition, Teachers1on1 may also limit and/or filter the number of emails, chat messages, or posts sent or received by any or all Users and/or Teachers.
You agree that while visiting, accessing or using the Website, Platform or any other Services:
a) Excluding authorized use by a Parent User or of a Student's Sub-Account, you will not provide or permit unauthorized access or use of the Services or your Account, and will prevent unauthorized individuals from such access or use as set forth in Section 5;
b) The information you have provided to us in connection with your Account is current, complete and accurate and you will promptly update all information to keep your Account and billing information complete and accurate in the event of any change (such as a change of billing address, credit card number or expiration date);
c) You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs;
d) Your use of and access to the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
e) You will not use any robot, spider, scraper, or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures Teachers1on1 uses to provide the Services, or (iii) cause harm to us or Teachers1on1's affiliates;
f) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
g) You will not upload, post, e-mail, transmit or otherwise make available any content that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise inappropriate;
h) You will not upload, post, e-mail, 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 non- disclosure agreements);
i) You will not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code, or any other form of commercial solicitation;
j) You will not upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
k) You will not upload, post, e-mail, 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, hardware, networks, or telecommunications equipment;
l) You will not interfere with or disrupt the Services, or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including using any device, software, or routine to bypass robot exclusion headers;
m) You will not collect or store personal data about other Users without their consent (including, but not limited to, manually or through the use of scripts, bots or web crawlers) or upload, post, e-mail, transmit, chat or otherwise disclose one or more other Users' private information;
n) You will not disclose any personal information (telephone numbers, addresses, last names, URLs, e-mail addresses or usernames to any money transfer service, etc.") in any User profile that you create;
o) You will not attempt to circumvent any content-filtering techniques Teachers1on1 employs, or attempt to access areas or features of the Services that you are not authorized to access;
p) You will not probe, scan, or test the vulnerability of the Services or any system or network;
q) You will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
r) You will not email or otherwise upload any content or undertake any actions which i) poses or creates a privacy or security risk to any person, ii) 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, iii) in the sole judgment of Teachers1on1, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Teachers1on1 or its users to any harm or liability of any type;
s) You will not further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and
t) You will abide by and not violate Teachers1on1's Honor Code and Code of Conduct.
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO THE CUSTOMER SERVICE DEPARTMENT IMMEDIATELY: email@example.com.
Each Teacher User is required to report to Teachers1on1 any suspected case of child abuse or neglect they become aware of during their work with Teachers1on1 students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), Teachers1on1 defines "abuse or neglect" as: "any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "an act or failure to act which presents an imminent risk of serious harm." Teacher Users may also be required to report suspected abuse or neglect to local authorities, and Teachers1on1 expects all teachers to comply with their individual reporting responsibilities. Teachers1on1 itself may report instances of suspected abuse or neglect as it deems appropriate.
To the extent required by law, Teacher Users may be required to report suspected abuse or neglect to local authorities, and Teachers1on1 expects all teachers to comply with their individual reporting responsibilities. Teachers1on1 itself may report instances of suspected abuse or neglect as it deems appropriate.
You represent and warrant that you will not provide any User Content, User Postings or otherwise use or access the Services in a manner that (i) infringes, violates or misappropriates any intellectual property rights, contract rights or other proprietary rights of publicity or privacy, or other rights of any other person or entity; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Teachers1on1 in violation of any applicable laws or regulations, including without limitation, applicable privacy laws (collectively, "Applicable Law"); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Teachers1on1 the rights in these Terms; and (ii) you will comply with Applicable Laws and Teachers1on1's Honor Code and Code of Conduct in connection with your use of the Services.
You are solely responsible for your interactions with other Users, including without limit, Teacher Users, Student Users, and Parent Users. Except as may be expressly required by law, You understand and agree that Teachers1on1 has no obligation to screen Users or Teacher Users; inquire into the background of Users or Teacher Users; or attempt to verify the statements of Users or Teacher Users. Teachers1on1 makes no representations or warranties as to the conduct of Users or Teacher Users. If you find other Users' or Teacher Users' information or content to be offensive, harmful, inaccurate and/or deceptive, you may report abuse by contacting customer support. With respect to interactions through the Platform, Teachers1on1 reserves the right, but has no obligation, to monitor disputes between you and other Users or Teacher Users and/or to terminate or block you and other Users or Teacher Users for violations of these Terms. Should you decide to communicate or interact with one or more Users or Teacher Users outside of the Platform, Teachers1on1will be unable to assist with such interactions regardless of whether or not such interaction began on the Platform. Please also use caution, common sense, and safety when using the Services to interact with other Users or Teacher Users. Teachers1on1 further reserves the right, but has no obligation, to conduct any credit, criminal, or other background checks using publicly available records, at any time, to confirm the information provided by you or other Users or Teacher Users using the Platform.
In the event that you have a dispute with one or more other Users and/or Teacher Users, you hereby release us and Teachers1on1 affiliates, shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542 which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
17.1 Lesson/Content Fees. Certain Services provided to Users are subject to lesson or content fees ("Lesson/Content Fees"). The Lesson/Content Fees (e.g., periodic, pay-per-minute, pay-per-hour, pay-per-view, etc.) for each item of Content or lesson are specified to Users when they select specific Content for viewing or lesson and such fees may be different for different pieces of Content or lessons offered on the Platform. Content or lessons may recur on a periodic basis or per interaction. All Content and lessons are subject to applicable Lesson/Content Fees. To the extent such fees are recurring, this will be disclosed prior to purchase. By electing to view any Content or lessons, the User will be deemed to have agreed to pay the Lesson/Content Fees applicable to such Content or lessons as posted on the Service at the time the User elects to view each item of Content or purchase such lessons. Lesson/Content Fees shall be paid for using a pre-paid balance which may be drawn down solely for specified Services ("Credits"). Credits, as well as unused balances, may not be redeemed for cash and may not be returned or forfeited for a cash refund, except as may be required by applicable law. In addition, Credits and unused balances are not transferable.
17.2 Subscriptions and Renewals. If Users are afforded the opportunity to subscribe to receive certain Content by payment of a periodic subscription fee ("Subscriptions"), rather than paying separately for each individual item of Content, then in order to provide continuous service, Teachers1on1 may automatically renew all subscriptions for the Services on the day such subscriptions expire. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in Teachers1on1's discretion, at the then current price of the same or comparable Services then in effect. In addition, Teachers1on1 sometimes offers special promotions that have renewal periods of different duration than the initial subscription term. In all cases, if you do not wish for your subscription to renew automatically, please deactivate auto-renew under your profile settings.
Teachers1on1 reserves the right to suspend or terminate your access to any subscription-based part of the Services without notice upon rejection of any charges or if the bank or other entity that makes payment on your behalf (or its agent or affiliate) seeks return of payments previously made when Teachers1on1 believes you are liable for the charges. Teachers1on1 also reserves the right in its sole discretion to suspend or terminate your access to any subscription-based service if you are found, at the sole discretion of Teachers1on1, to be in breach of these Terms, or if you are suspended or banned, for any reason. In such event, any and all Credits in your account will be deemed forfeited. Should you access an account following a ban or while you are suspended from the Platform, such account will be subject to termination without warning and all Credits in such account will be deemed forfeit.
17.3 Authorization to Charge. Your non-termination or continued use of the Services reaffirms that Teachers1on1 is authorized to charge your chosen payment provider per the terms of the purchase at the time the purchase was made. Teachers1on1 may submit those charges for payment and you will be responsible for such charges. This does not waive Teachers1on1's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, or otherwise joined, the Services. Any change to such billing practice will be posted here and in the Billing Page in your Account.
17.4 Transaction Fees. Teachers1on1 may use credit card processors or banks (domestic or internationally) to process your transactions. In some instances, banks or credit card processors may charge transaction or similar fees. Such fees are your responsibility. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding transaction and similar fees.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. Because Teachers1on1's performance begins once you tap buy and Teachers1on1 gives you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT TEACHERS1ON1 IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
18.1 Termination by Teachers1on1. Teachers1on1 reserves the right to immediately terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, Teachers1on1may terminate your Account and any subscription with us by sending notice to you at the e-mail address you provided upon registration. Upon termination of your Account, you will not be entitled to any refund of any unused Credits or other prepaid fees unless otherwise required by applicable law. All decisions regarding the termination of Accounts shall be made by us in Teachers1on1's sole discretion. You are not permitted to create another account if Teachers1on1 has already disabled your account, unless you have Teachers1on1's written permission to do so. Teachers1on1 is not required, and may be prohibited, from disclosing to you the reason for termination of your Account or subscription. TEACHERS1ON1 DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR ANY UNUSED DAYS OF ANY PERIODIC SUBSCRIPTION TERM UNLESS OTHERWISE REQUIRED BY LAW.
18.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) any policy or practice of Teachers1on1 in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your Account. You may terminate your Account at any time (prospectively only) by providing written notice to us, of your intent to terminate your Account and discontinuing use of any and all parts of the Services.
Upon termination of your Account/subscription for any reason, these Terms shall survive termination in accordance with their respective terms.
IN NO EVENT WILL TEACHERS1ON1, ITS OWNERS, OPERATORS, AFFILIATES, AND/OR LICENSORS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE, PLATFORM OR OTHER SERVICES, EVEN IF TEACHERS1ON1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TEACHERS1ON1 WITH RESPECT TO THE SERVICES, THE WEBSITE, ALL CONTENT AND MATERIALS WHICH MAY BE VIEWED THEREON AND ANY INTERACTIONS BETWEEN YOU AND ANY OTHER USER OR TEACHER. YOU AGREE THAT IN NO EVENT SHALL TEACHERS1ON1'S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE NINETY (90) DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT TEACHERS1ON1 HAS OFFERED THE SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TEACHERS1ON1 AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TEACHERS1ON1. TEACHERS1ON1 WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE TO INDEMNIFY AND HOLD TEACHERS1ON1, ITS OWNERS, OPERATORS, AFFILIATES, AND/OR LICENSORS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL LOSS, LIABILITY, CLAIM, DAMAGE, DEMAND OR EXPENSE (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, ARISING OUT OF (I) YOUR ACCESS TO, USE OR MISUSE OF THE SERVICES; (II) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, OR ANY VIOLATION OF THE TERMS; (III) ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE HEREIN, WHETHER BY YOU OR BY ANY STUDENT USER WHOSE ACCOUNT YOU HAVE APPROVED AS A PARENT USER; (IV) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS (INCLUDING ANY FAILURE TO OBTAIN OR PROVIDE ANY NECESSARY CONSENT OR NOTICE); (V) THE INFRINGEMENT BY YOU OR ANY THIRD-PARTY USING OR ACCESSING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING WITHOUT LIMIT IN CONNECTION WITH YOUR USER CONTENT AND USER POSTINGS, OR (VI) YOUR BREACH OR ALLEGED BREACH OF ANY INTERACTION, AGREEMENT, OR POLICY BETWEEN YOU AND ANY OTHER USERS.
YOU FURTHER AGREE TO INDEMNIFY AND HOLD THE ABOVE LISTED INDEMNITIES HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR TEACHERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. TEACHERS1ON1 RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY TEACHERS1ON1, AND YOU AGREE TO COOPERATE WITH TEACHERS1ON1'S DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF TEACHERS1ON1. TEACHERS1ON1 WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Software and content provided through the Platform and the Services is subject to United States export controls. No software or content from the Platform or the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of laws, rules or principles. Users agree to the exclusive jurisdiction and venue in Florida for all arbitration and other legal or other proceedings arising out of these Terms.
EXCEPT FOR OUR RIGHT TO SEEK INJUNCTIVE RELIEF IN ACCORDANCE WITH SECTION 36, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN USERS AND US OR ANY OF TEACHERS1ON1'S AFFILIATES OR THEIR RESPECTIVE AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by these Terms, and will be administered by the AAA before a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIMS. Nothing contained in this Section 24 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Teachers1on1's rights in and to intellectual property or confidential information. The prevailing party will be entitled to receive from the non- prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. No part of the arbitration will be open to the public or media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. This arbitration agreement will survive the termination of your relationship with Teachers1on1.
You and Teachers1on1 each acknowledge and agree that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
By using the Platform or the Services, you consent to receiving electronic communications (e.g., e-mail) from us or Teachers1on1's affiliates. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your use of the Services. You agree that any notice, agreements, disclosures or other communications that Teachers1on1 sends to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
If any provision of these Terms is held to be unenforceable under applicable law, such provision shall be excluded from these Terms, and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where Teachers1on1 has provided you with a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English version of these Terms will govern your relationship with us. If there is any contradiction between the English version of these Terms and any translation, the English version shall take precedence.
Neither you nor Teachers1on1 shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), pandemics, terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neutral forms.
Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at Teachers1on1's director level or above.
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Platform or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. Teachers1on1 may resell, assign or transfer Teachers1on1's rights and obligations under these Terms at any time without restriction and without notice or consent.
Users may not utilize the Website or any interactions related thereto, to submit any information, ideas, suggestions, concepts, creative ideas or designs, scripts, video or music compositions, suggestions or materials with respect to which a User has any expectation or claim of ownership or proprietary rights. If you submit any such materials, you agree that it is with the understanding that you will not be entitled to any compensation whatsoever for the ultimate use by us (including any affiliate, member, shareholder, partner or employee), any User, or any other person or entity, for the use of same and by submitting such materials, you are deemed to have renounced any claims of ownership, copyright, trademark, moral rights or other proprietary rights with respect thereto.
These Terms shall be binding upon the parties and their successors and permitted assigns.
In the event of a breach or threatened breach of Teacher1on1's Confidential Information or Teacher1on1's Intellectual Property rights in or related to the Services and/or Materials, damages to be suffered by Teacher1on1 will not be fully compensable in money damages alone, and accordingly, Teacher1on1 shall, in addition to other available legal or equitable remedies, be entitled to seek an injunction against such breach or threatened breach without any requirement to post a bond as a condition of such relief and not subject to the Dispute Resolution requirements of Section 24 of these Terms.
We respect the intellectual property rights of others, and require that the visitors who use this Website and/or the Services do the same. If you believe that your work appears on this Website and/or the Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
4700 Millenia Boulevard, Suite 400
Orlando, Florida 32839
Phone: (866) 757-1904
Please be aware that the foregoing information in your notice and complaint may be forwarded to the person who provided the allegedly infringing material.