Terms of Use

Welcome to educify.org (the “Website”), an online marketplace operated by educify, Inc. (hereafter “us” “we” “our” or “educify”) connecting students (“Students”) with a network of independent contractor instruction providers (hereafter “Providers” or “Provider Members”). This Terms of Use (the “Agreement”) binds you or the entity you represent (“you” or “your”) to the terms and conditions set forth herein when you use or access the Website or any of our software, applications, sites, materials, products, tools and other offerings (collectively, the “Services”). If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.

1. Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services, whether or not you register as a “Student Member” or “Provider Member” (each may be referred to as a “Member”). This Agreement includes our Privacy Policy, Student and Provider Policies, our billing policies and any further terms of use for our Services, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services. Certain parts of our Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of or within our Services, the latter terms and conditions will take precedence with respect to your use of or access to that specific Service, but this Agreement shall still apply to our legal relationship. You have the right to receive this Agreement in non-electronic form, either before or after you electronically sign the Agreement, by sending a written request and self-addressed stamped envelope to: educify, 225 Broadway, Suite 600, San Diego, California 92101.

2. Eligibility

Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. How the Service Works

We are an online marketplace for Students and a network of independent contractor Providers. We do not endorse, hire or employ the Provider Members nor are we responsible or liable for any interactions involved between Provider Members and their respective Student Members or between Members. Provider Members and Student Members are solely responsible for all interactions, conversations, and any form of communication and behavior between any other Member. Our Services are separate and distinct from the services of Provider Members.

For Provider Members, we offer various hosted products to support instruction including marketing, scheduling, billing and communication tools. Provider Members can also apply to use our Services where prospective Students can review their profile, communicate with Provider Members and book and pay for lessons and other services ancillary thereto (called a “Listing”).

For Student Members, we provide a marketplace to find a network of independent contractor Provider Members and schedule lessons and other services ancillary thereto. We also provide a platform for online group lessons for certain subjects. Users may be able to review Listings as an unregistered user of our Services; however, if you wish to book a lesson as a Student, to create a Listing as a Provider, to use hosted tools or use certain Services, you must first become a registered Member. See the “How It Works” section of the Website for more information.

From time to time, we may provide new or temporary Services, such as on demand tutoring, group lessons or classes and other products, materials and services that may or may not be limited to Members. We reserve the right to restrict any Services only to Members and discontinue any product or Services at will. If a particular Provider, product or Service is discontinued or unavailable, we reserve the right to provide substitute Provider, product or Service.

4. Membership

You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to book or manage lessons, you must become a registered Member. To become a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A Member may not have more than one active educify Account. We reserve the right to suspend or terminate your educify Account and your access to our Services for any reason.

a. Student Membership.
You must be at least eighteen (18) years old to be a Student Member. As a Student Member, you will have the ability to book and pay for lessons, manage your lesson schedule, communicate with Providers, access help documents and use any other Services provided to Student Members. As a Student Member you must continually comply with this Agreement and the Student Policies set forth here. Additional terms and conditions of service may be contained within your Student Member account.

b. Provider Membership.
You must be at least eighteen (18) years old to be a Provider Member. As a Provider Member, you will have access to tools that enable you to manage marketing, scheduling, billing and communication and other tools provided by us. In addition, you will have the opportunity to apply for a Listing. Acceptance for Listing is at our sole discretion and we may remove Listings from our Services at any time for any reason. Any Listing you post (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information. If you are accepted and your Listing is presented within our Services, you must continually comply with this Agreement and the Provider Policies set forth here. Any Provider Member who accepts a booking through our Services must honor all terms and conditions of the Listing, this Agreement and any our additional Provider Policies in effect at the time of booking. As part of your Provider Membership, you will be required to receive messages via text / SMS and may incur costs from your carrier or mobile service provider as a result of these messages. Additional terms and conditions of service may be contained within your Provider Member account.

c. Independent Contractor Status.
Our Services are separate and distinct from the services of the Providers. You acknowledge that Provider Members are not employees or agents of educify but are independent contractors who operate a separate and distinct business from educify. As such, we do not endorse or control the Providers, the manner or method of service to you, exercise no control over your working relationship with the Provider Member and do not warrant your safety or the service of any Provider Member. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.

d. General Disclaimer.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a Member We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.

Some of our Services may require Students to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.

Our Services may give you access to links to third-party websites (“Third Party Sites”), either directly or through Providers. We not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE.

5. Pricing.

Lesson prices are agreed to at the time of payment for the number of lessons purchased. Lesson prices vary by Provider and lesson type and are subject to change at any time. Student Members and Provider Members are obligated to honor the prices established at the time of payment. See additional Student and Provider Policies set forth here and here. Additional pricing terms and conditions are contained within Member and Provider accounts and within email correspondence from educify.org. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control.

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