Last Updated: April 7, 2018.
These Terms of Service (“Terms”) govern your access to and use of the online tutoring platform made available by Iplusone, LLC (“Company,” “we,” “us,” or “our”) at a designated web address. That platform, together with its contents and all underlying technology, is collectively referred to below as the “Platform.” These Terms apply to all users of the Platform, whether a user is a student, an instructor, or both.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Platform and, by accessing or using the Platform after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Platform or sent to you via email.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Company will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
Provided you comply with these Terms, Company grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Platform solely for your own personal purposes. These Terms begin upon your creation of a Platform account and will continue in effect until termination in accordance with these Terms.
The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Company or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Company or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Platform may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company.
Copyright © 2017 Iplusone, LLC. All rights reserved.
We merely provide the Platform as a forum for students and instructors to connect. We do not screen either students or instructors. You acknowledge and understand that, by requesting or offering tutoring services via the Platform, you are entering into an arrangement directly with the applicable student or instructor, which arrangement is a binding transaction to which Company is not a party. You further acknowledge and understand that Company is not responsible for the tutoring services received or offered as a result of your use of the Platform, nor for any liabilities that arising out of or in connection with those tutoring services. You enter into such transactions at your own risk and discretion. We facilitate connections between students and instructors for educational purposes. The views and opinions of those who have signed up as instructors on the Platform do not necessarily reflect the views and opinions of Company and Company does not endorse any instructor. You are responsible for your conduct and for complying with all local, state, and federal laws and regulations that apply to such conduct.
You will be required to set up a Platform account in order to search for, request, or provide tutoring services. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You may provide additional information when populating your profile. As a student, your profile will not be visible to any other Platform users except to instructors with whom you have scheduled tutoring sessions. You are responsible for maintaining the confidentiality of any information you use in connection with the Platform, including your username and password. You warrant that all information you provide to us in connection with your access to and use of the Platform is true, accurate, and complete to the best of your knowledge and belief.
Once you create an account on the Platform, you may not offer or provide tutoring services unless you sign up to become an instructor. If you request to become an instructor you will be asked to create an instructor profile, which expands on your existing profile. Your instructor profile will be public-facing to all Platform users. The minimum fee per tutoring session is $20.00. You understand that any person can create a Platform account, that all Platform users will be able to view your Platform instructor profile and that any Platform accountholder can schedule a tutoring session with you. As described below, students have the option of choosing not to pay you for a tutoring session if they are dissatisfied with the tutoring services.
The Platform will allow students and instructors to chat with each other within the Platform once a tutoring session has been scheduled. You understand that both the accountholder you are chatting with and Company will have access to and will collect all text and other information entered in the course of using the messaging features.
You have limited ability to cancel tutoring sessions that have been scheduled, both as a student and as an instructor. All cancellations must be made through Platform at least eight hours prior to the time the tutoring session is scheduled to begin. As a student, you may cancel a scheduled tutoring session, however, you will only be refunded the session fee minus any fees (typically about 15% of the session cost) that would have been deducted had the session occured normally. As an instructor, you may cancel a scheduled tutoring session, however, you will be charged the fees (typically about 15% of the session cost) that would have been taken from the payment had that session occured normally. This charge will be in the form of a deduction from your next payout, and any subsequent payout until the debt is settled. The student will be refunded the full amount they paid for the session.
a. Company may, in its sole discretion, suspend, deactivate, or terminate your account and your use of the Platform, and may terminate these Terms, for any reason, without notice or liability, including if we cease providing services, if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, or if you act in a manner inconsistent with local, state, or federal laws or regulations. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission.
b. As a student, you may not terminate your account unless you have fully paid for all scheduled tutoring sessions. As an instructor, you may not terminate your account unless all scheduled tutoring sessions have been completed. To terminate your account, contact Company at firstname.lastname@example.org. You understand that, when an account is terminated, any User-Generated Content (as defined below) you have provided will remain in our archives. If you terminate your account, your user profile will no longer be viewable or accessible.
c. Upon any termination of your account or these Terms you must promptly cease accessing and using the Platform.
Tutoring sessions should always be scheduled to take place in public settings. Both students and instructors should take precautions to protect their personal safety in scheduling and meeting. If you believe that theft, damage, or other loss has occurred to your person or property in the course of providing or receiving tutoring services, please notify Company immediately.
Company may change the programs, products, pricing, and services mentioned on the Platform at any time without notice. The availability of instructors and tutoring appointments through the Platform may change at any time without notice to you. Prices remain valid while they are listed and offered on the Platform. Prices will be as posted on the Platform as of the date and time of your order. Availability of tutoring services may be limited and may not be available in your area.
WE MAKE NO WARRANTIES OR GUARANTEES AS TO THE QUALITY OF ANY TUTORING SERVICES, THE EXPERIENCE OR QUALIFICATIONS OF ANY INSTRUCTOR, OR THE RELIABILITY OF ANY STUDENT REQUESTIONS TUTORING SERVICES. TUTORING SERVICES ARE NOT GUARANTEED TO IMPROVE STUDENTS’ GRADES, ABILITIES, SKILLS, OR PERFORMANCE IN ANY WAY. WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE PLATFORM IS ACCURATE OR RELIABLE. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM. COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE MAKE NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE PLATFORM FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE PLATFORM, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE PLATFORM CREATES ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE PLATFORM), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMPANY PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Company Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Platform, your misuse of any material, data, or other information downloaded or otherwise obtained from the Platform, your provision of User-Generated Content, your provision or receipt of tutoring services using the Platform, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
a. The Platform may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, or otherwise provide comments, data, text, images, video, audio, and other content and material via the Platform, including by creating a student or instructor profile, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by Company. Company is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.
b. By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Company to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to Company below.
c. Please keep in mind that any User-Generated Content that you provide will be publicly available via the Platform to the extent that User-Generated Content is included in your Platform profile as discussed above. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You may not provide any other person’s private or confidential information without that person’s permission.
d. User-Generated Content is not monitored. Company reserves the right, but does not have the obligation, to review User-Generated Content and its submission. Company also reserves the right, but does not have the obligation, at any time for any reason (including without limitation deletion due to violation of these Terms), to edit, redact, and otherwise modify User-Generated Content, to reorganize and recategorize User-Generated Content, and to delete User-Generated Content from the Platform. Company has no obligation to archive or otherwise store any User-Generated Content. Company reserves the right to impose limits on Platform features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Platform at any time for any reason, including without limitation violation of these Terms.
e. If you delete or replace User-Generated Content that you have provided (where that option is available), you understand that it may remain in our archives and that users who have accessed that User-Generated Content may continue to have access to and use it.
g. If you believe that anything on the Platform infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Platform violates another law or regulation or any provision of these Terms, please notify us of that violation at email@example.com.
We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Platform if we become aware of the same. If you believe that anything on the Platform infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
7806 Manistee Ct.
Verona, Wisconsin 53593-9577
Company will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Company’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
Company and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Platform in order to determine your compliance with these Terms.
Company welcomes comments regarding the Platform. If you submit comments or feedback to us regarding the Platform, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Company in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply.
Please read the following paragraphs carefully because they require you to arbitrate disputes with Company and limit the manner in which you can seek relief from us.
a. Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Company’s intellectual property or other proprietary rights, Company may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Company; Company’s affiliates; Company’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Platform; and any third-party beneficiaries.
b. Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The prevailing party will bear all costs of arbitration, including all attorneys’ fees. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
c. Place; Federal Arbitration Act. The place of arbitration will be Dane County, Wisconsin, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
d. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
e. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Platform.
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email.
These Terms and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Please direct any questions and concerns regarding these Terms to us by email at firstname.lastname@example.org, by telephone at (970) 847-5871, or by mail at 7806 Manistee Ct. Verona, Wisconsin 53593.