Iducator Online Teaching Terms of Service Addendum
Last Updated: Jul 22, 2020
The Services consist of an online marketplace and platform through which Teachers may offer Classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children. You acknowledge and agree that: (1) Iducator is not a party to any agreements entered into between Teachers and Parents, (2) Iducator only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Teachers contract for classes directly with Parents (4) Iducator is not a broker, agent (except as expressly set forth below) or insurer, and (5) Iducator disclaims all liability for the conduct of Teachers, Parents, or any other Users of the Site or Classes.
“User” “you” or “your” means a person, organization or entity using the Services, including Parents and Teachers.
“Parent(s)” means a parent or legal guardian who completes Iducator’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.
“Teacher(s)” means a person who completes Iducator’s account registration process to sell Classes on the Site.
“Class(es)” means any online class(es) submitted by a Teacher for sale on the Site.
Access and Use of the Service
Services Description: Iducator’s Service is an online information and marketplace for preschool, pre-K, and K-12 classes, designed for Parents to find, share and group-book Classes for the benefit of their child or children, and for Teachers to market, sell and conduct their Classes. As the provider of an online marketplace, Iducator does not own, create, sell, resell, control, or manage any Classes. Iducator’s responsibilities are limited to: (i) providing the Site as an online information exchange and marketplace to facilitate the sale, purchase, group-booking and conduct of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). You agree that all of these risks are ultimately borne by you, and not Iducator. Iducator does not control the behavior of Users or the quality of the Classes. As a result, Iducator cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
Group Class Service: Iducator provides a group class information exchange service. The classes themselves may or may not be listed/provided on the Iducator Platform. The group class information may be provided by teacher or parents or third-party agency. Iducator does not control the behavior of Users. As a result, Iducator cannot guarantee the authenticity and accuracy of the Group Classes.
Class Listing Service: Iducator provides marketing and advertising service for Teachers to promote their classes. To maximize class and teacher exposure, Iducator may provide additional exposure for Class Listing through its own platform and/or third-party platforms.
Modifications to Service: Iducator reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Iducator will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Class Recordings: Classes that take place through Iducator’s provided video conferencing account or platform maybe recorded by Iducator (“Class Recordings”). Class Recordings are made available to the Teacher, Students or future Students to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; (2) review the Class Recording personally in order to improve their Classes; (3) preview the Class to decide to whether to sign up. In addition, Iducator may use Class Recordings for marketing purpose, provide and improve our Services, for customer support and for compliance purposes. Iducator will also delete sections of the Class Recordings under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Iducator that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of children for marketing purpose without parents express written consent.
Teacher Class Listing Terms
As a Teacher, you must provide Iducator with any information requested in order for Iducator to list your Classes through its Class Listing Service including but not limited to a description of the Classes and the price for the Classes. Iducator has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Iducator has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Iducator has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. Iducator may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes and Iducator assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You can choose to list your private class at any price point supported by Iducator’s Online Class Pricing Table. To best market your class and support group class and maximize your payment, you agree to list group class prices at a discount based on Iducator’s group pricing list table.
You understand and agree that Iducator is not an insurer, agent or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Iducator is not a party thereto. Notwithstanding the foregoing, Iducator is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Iducator to any third parties.
General: Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes Iducator to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Iducator know within sixty (60) days after the date that Iducator charges you.
Teacher Payment: Iducator will transfer the Enrollment Fees to Teacher for each sale of a Class (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus Iducator service fees (“Iducator Fee”), according to the schedule and policies detailed in our Online Class Pricing Table. Iducator has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to Teacher, if Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Iducator will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Iducator with respect to a refund shall be final and binding on the Parent and Teacher.
Limited Payment Collections Agent: Each Teacher appoints Iducator as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent. Each User agrees that payment of Enrollment Fees by a Parent to Iducator, as that Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher and the Teacher will provide the relevant Classes to the Parent, as outlined on the Site, as if the Teacher had received payment directly. Iducator, as limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the Iducator Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Iducator and the Teacher. In the event that Iducator does not remit such amounts, the Teacher will have recourse only against Iducator.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Iducator. Iducator reserves the right to investigate and take appropriate legal action against anyone who, in Iducator’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Iducator, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Iducator from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Iducator, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Iducator.
The Iducator name and logos are trademarks and service marks of Iducator (collectively the “Iducator Trademarks”). Other Iducator, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Iducator. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Iducator Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Iducator Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Iducator be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Iducator may, but is not required to, pre-screen content, and Iducator and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Iducator and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Iducator, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload/provide through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Iducator does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Iducator a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Iducator are non-confidential and Iducator will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Iducator may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Iducator, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Iducator respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Iducator of your infringement claim in accordance with the procedure set forth below.
Iducator will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Iducator Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Iducator, LLC. 4285 Payne Ave. #701068, San Jose, CA 95170, USA.
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Iducator will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Iducator has adopted a policy of terminating, in appropriate circumstances and at Iducator sole discretion, users who are deemed to be repeat infringers. Iducator may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Iducator has no control over such sites and resources and Iducator is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Iducator will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Iducator is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Iducator and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree that Iducator, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Iducator believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Iducator may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Iducator may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Iducator will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Iducator will have no liability or responsibility with respect thereto.
Iducator reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.