Welcome to WebTeach! By using WebTeach (including WebTeach.com and its related sites, services and tools), you agree to the following terms with WebTeach, Inc. and the general principles for the websites of our subsidiaries and international affiliates. Your contract is with WebTeach, Inc. If you have any questions, please refer to our help section.
This Agreement is effective on September 1, 2012, for current Teachers, Learners/Students individually and collectively “Users”, and upon acceptance for new Users.
While using WebTeach sites, services and tools, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18 and do not
- have the permission of your parent or legal guardian, or are temporarily or indefinitely suspended from using our sites, services or tools;
- fail to deliver payment for items purchased by you unless a clear typographical error is made, fail to deliver services purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- circumvent, such as charge the learner separately but use WebTeach to deliver the education or manipulate our fee structure, the billing process, or fees owed to WebTeach;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to WebTeach);
- transfer your WebTeach account (including feedback) and Learner ID to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm WebTeach, or the interests or property of WebTeach Learners;
- export or re-export any WebTeach tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the WebTeach sites, service or tools or WebTeach's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
- infringe upon the copyright, trademark or other intellectual property rights of third parties.
WebTeach and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and Learner accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Learners off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-WebTeach transactions, feedback manipulation, circumventing temporary or permanent suspensions or Learners or Teachers who we believe are harassing our employees or other Learners or Teachers (collectively “Users”). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue WebTeach sites, services or tools.
We require WebTeach Teachers to comply with our resolution process. Learners and Teachers or other users permit us to make a final decision, in our sole discretion, on any claim that a buyer files with WebTeach under the WebTeach Satisfaction Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes)and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, Teachers may not have to pay a reimbursement for an WebTeach claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the WebTeach Satisfaction Protection Policy. In addition:
- Teachers must have a reimbursement method on file with WebTeach.
- Teachers agree to allow us to remove funds from their PayPal, Google Check Out or other integrated e-commerce platforms (“ecommerce”) for amounts due to Learners. Teachers may change this reimbursement method by contacting WebTeach. However, we reserve the right to continue using seller ecommerce accounts for WebTeach Satisfaction Protection cases associated with WebTeach transactions paid for before the change.
- Teachers agree to allow us to charge the payment method they designate for amounts due Learners.
Changing a reimbursement method will not affect WebTeach's use of a payment method on file for other purposes (such as payment of your WebTeach fees). If Teachers do not provide WebTeach with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Teachers from trading on our sites until payment is made.
Correcting Mistakes in Payments to Learners or Teachers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous WebTeach Buyer Protection refund or reimbursement.
To protect against the risk of liability, WebTeach has at times requested, and may continue to request, that ecommerce providers hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, rating of the Teacher, or the filing of a WebTeach Satisfaction Protection claim.
Fees and Services
Joining WebTeach and Viewing the site offerings is free. We do charge fees for using other services, such as consuming Teacher content, and using our web conferencing and collaboration tool, where applicable. When you list content or sessions or use a service that has a fee, you may have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule. Our fees are 30% of the gross fees charged for any WebTeach Session, through our integrated ecommerce, or fees charged by you outside of WebTeach, if the Learner was partnered with you via WebTeach. These fees may change from time to time. These fees will be debited immediately upon any transaction. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the WebTeach site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Specific Obligations of Teachers
If you are a Teacher registering for use of the Site, then you hereby agree that:
- You have read and agree to abide by the pricing information (see the Pricing section below) before using the Company Products;
- You are fully responsible for all of the content you provide in, through, or arising out of your use of the Company Products, and for the accuracy of same. In connection with the content you provide, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit such content on and through Company Products in the manner contemplated by these Terms, and to promote the availability of your content on and through the Site and the Software in any and all media, whether now known or hereafter created;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you mention, and that the credentials you post on and through the Site are accurate, truthful, complete, and not misleading;
- You are not a registered sex offender;
- You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through Company Products or to Users;
- You will not use Company Products for any business other than for providing tutoring, teaching and instructional services to Users of the Site;
- You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify or distribute Company Content from our Site, including trademarks and copyrights;
- You will not interfere with or otherwise prevent other Teachers from providing their services or Courses;
- You will keep Your Data (as defined below) up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service provided to students, parents and other Users of the Site;
- If you are under the age of 18, but are qualified to be an Teacher, you will obtain parental or legal guardian permission as and when needed, and before registering with the Site; and
- If you are in a state or locale where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Company Products as a Teacher until such license, consent, authorization or permission is obtained and hold WebTeach harmless.
- You will not solicit personal information from any Student or other user, and agree that if any Student/Learner ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us in writing to email@example.com.
Specific Obligations of Users using the Site
As a User in search of or engaging Teachers, you agree that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting a Teacher, or registering for a Course.
You also agree that you will not do any of the following on or through the Company Products:
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
- manipulate or interfere with the Company Products;
- reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of the Teacher who authored such Submitted Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to an Teacher as part of a Course;
- disclose any information to an Teacher that could be considered personally identifiable information including, but not limited to, your full name, address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and solicit personal information from any Teacher,
- and agree that if any Teacher ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us in writing to firstname.lastname@example.org.
Accuracy of Account Information
In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
WebTeach reserves the right, in their sole discretion to change and or remove any username(s) and subdomain name(s) created on WebTeach.com, and to reissue same to another party, delete same, or for WebTeach to use for other purposes.
Learner and Teachers Submitted Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the "Submitted Content") will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Learners, and professional development. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Services at any time, with such removal terminating the grant of rights to WebTeach with respect to such Submitted Content within 60 business days of such removal (the "Submitted Content Effective Termination Date"), but such removal shall not terminate the grant of rights given to any Learners who paid any required fees to access or use any removed Submitted Content prior to the Submitted Content Effective Termination Date. For the avoidance of doubt, removal of some, but not all, Submitted Content shall serve as a termination with respect only to such removed Submitted Content but not any other Submitted Content.
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Company Products. We reserve the right to review the Courses for any purpose.
Licensing Submitted Content
License of Submitted Content to WebTeach. While you retain any and all rights in any Submitted Content you make available through the Company Products, we need certain rights to the Submitted Content in order to offer the Services. By uploading or otherwise making available any Submitted Content, you hereby grant to WebTeach, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content (either directly or through third party distributors), and to operate the Services, but not for any other purposes, a non-exclusive, world-wide, transferable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your Submitted Content (or any portion or derivative works thereof) through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in and to your Submitted Content; provided, however, that you may not directly license a Learner who acquires or accesses your Submitted Content through the Services.
- Right to Sublicense Submitted Content to Learners. The license grant to WebTeach set forth in Section 13(a) above includes the right to grant Learners who pay any fees required to access or use your Submitted Content (either directly or through third party distributors) a perpetual, irrevocable sublicense to reproduce your Submitted Content on personal devices (e.g., computer hard drives and mobile devices) and to use and exploit your Submitted Content solely for personal uses as set forth in these Terms.
- Right to Sublicense Submitted Content to Third Party Distributors. The license grant to WebTeach set forth herein includes the right to distribute your Submitted Content through multiple tiers of sublicensees and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submitted Content to Learners, but does not include the right to edit your Submitted Content.
- License to Learners. WebTeach hereby grants you (as a Learner) a limited, perpetual, irrevocable, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, on your personal devices (e.g., personal computers and mobile devices), solely for your personal, non-commercial, educational purposes and not for any other purposes. All other uses are expressly prohibited absent our express written consent. For the avoidance of doubt, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Teachers may not grant you license rights to Submitted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
- Waiver of Personality Rights. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submitted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content, or any advertising or publicity relating thereto.
- Submitted Content Representations and Warranties. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to your or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.
- Unless a course is made available through the WebTeach Deals Program (as described below), a Course Teacher will be solely responsible for determining the fees to be charged for such Course. If you are an Teacher, you hereby authorize Company to deduct from the amounts paid by a User for a Course, a transaction fee to be retained solely by Company, regardless of whether the Course is sold through a WebTeach Program (i.e., the WebTeach Affiliate, WebTeach Deals, or WebTeach Paid Advertising Programs) or not (the "Company Transaction Fee"). Unless an Teacher and the Company agree otherwise in a writing signed by the Teacher and an authorized representative of Company, Teacher acknowledges and agrees that the Company Transaction Fee shall be 30% of all amounts received by Company for a purchase of a Course, minus any amounts refunded to Users, sales or other taxes collected (if any), and any commissions paid or retained through the WebTeach Affiliate Program or WebTeach Paid Advertising Program.
WebTeach Affiliate Program
- Through the WebTeach Affiliate Program, we allow select third party partners ("Affiliates") to promote Courses. If your Course is promoted by an Affiliate through the WebTeach Affiliate Program, you hereby authorize the Affiliate who promoted your Course to receive a commission equal to 50% of the amount paid by a User for a Course (the "Affiliate Commission"). Company shall also be entitled to the Company Transaction Fee for Courses promoted by Affiliates. The Company Transaction Fee shall be based upon the net amounts retained by Company following the deduction of the Affiliate Commission.
- In order to promote the sale of Courses through the WebTeach Affiliate Program, each Teacher grants Company the right to distribute Courses on a royalty free basis to its Affiliates for the Affiliates to review such courses and determine whether the Affiliates wish to market and promote the sale of the Courses.
- All Teachers, and all Courses offered by Teachers, are automatically enrolled in the WebTeach Affiliate Program. The inclusion of Courses in the WebTeach Affiliate Program is a great way to increase exposure and potentially sales of Courses. We encourage you, as an Teacher, to remain in the WebTeach Affiliate Program, as we have dozens of Affiliates that promote courses on WebTeach. However, if you wish to opt out of the WebTeach Affiliate Program, please log in to your account and uncheck the box indicating your enrollment in the WebTeach Affiliate Program.
- You acknowledge and agree that Company makes no representations or warranties as to the effectiveness of the inclusion of your Course(s) in the WebTeach Affiliate Program.
WebTeach Paid Advertising Program
Through the WebTeach Paid Advertising Program, Company may purchase and place advertisements for your Course(s) on third party websites, and will track any sales of your Course(s) resulting from advertisements we place by tagging users that visit the Site through such advertisements using cookies. If your Courses are sold through the WebTeach Paid Advertising Program, then you authorize the Company to retain a commission of 50% of all amounts received from a User for the purchase of a Course instead of the Affiliate Commission. Company shall also be entitled to the Company Transaction Fee for Courses sold through the WebTeach Paid Advertising Program.
All Teachers are automatically enrolled in the WebTeach Paid Advertising Program. We encourage you to remain in the WebTeach Paid Advertising Program, as it is a great way to take advantage of our advertising initiatives and increase the exposure of your Course(s), all at no up-front cost to you. If you do not want to participate in the WebTeach Paid Advertising Program, please log in to your account and uncheck the box indicating your enrollment in the WebTeach Paid Advertising Program.
Removal of Submitted Content by Us
You acknowledge that we may screen Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Submitted Content, including terminating Courses, from the Services without any liability to you. Without limiting the foregoing, we have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve Submitted Content and may disclose Submitted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Submitted Content violates the rights of third parties or protect our rights, property or personal safety or that of our Learners and the public.
Limitation of Liability
You will not hold WebTeach responsible for other Users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between Learners and Teachers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Learners’ content or listings, the ability of Teachers to sell items, the ability of Learners to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the WebTeach Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under WebTeach Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.
YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN OR OBTAINING INFORMATION FROM A COURSE, WEBTEACH LIVE! SESSION, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, INSTRUCTIONAL INFORMATION, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT ARE INACCURATE, HARMFUL, DANGEROUS, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.
THE COMPANY PRODUCTS, COMPANY CONTENT, THIRD PARTY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY PORTIONS OF ANY OF THE FOREGOING, MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, SAFETY, ACCURACY, RELIABILITY OR OTHERWISE. COURSES AND SUBMITTED CONTENT SHOULD NOT BE RELIED UPON FOR LIFE-THREATENING, LIFE-SUPPORT OR MISSION-CRITICAL PURPOSES, SUCH AS, BUT NOT LIMITED TO, OPERATING OR USING AIRCRAFT, MOTORIZED VEHICLES OR BOATS, DANGEROUS INDUSTRIAL MACHINERY, LIFE-SUPPORT EQUIPMENT, MEDICAL DEVICES, POWER PLANTS, WEAPONS, DRUGS, AND ANY OTHER PRODUCT, GOOD OR SERVICE, THE OPERATION OF WHICH, IF PERFORMED INCORRECTLY OR INCOMPLETELY, COULD RESULT IN SERIOUS BODILY INJURY, DEATH OR DESTRUCTION TO ANY PERSON, ANIMAL OR PROPERTY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN , OBTAINED BY YOU FROM COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF COMPANY, AN TEACHER, OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, COURSES, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS), INJURY TO YOURSELF OR OTHERS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, USE, OR RELIANCE UPON SUCH INFORMATION, MATERIAL, COURSES, OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY PRODUCTS, COMPANY CONTENT, SERVICES, COURSES, OR SUBMITTED CONTENT OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA OR MEDICAL ATTENTION TO YOU OR OTHERS, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE COMPANY PRODUCTS, THE SUBMITTED CONTENT, THE COURSES, OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TEACHERS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE COMPANY PRODUCTS, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, OR ANY PORTION THEREOF. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF TEACHERS OR USERS.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to WebTeach by our Learners or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of WebTeach and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools;
- or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on WebTeach's national registered agent (in the case of WebTeach) or to the email address you provide to WebTeach during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and WebTeach, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and WebTeach agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against WebTeach must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against WebTeach must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, WebTeach may recover attorneys' fees and costs up to $1000, provided that WebTeach has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when we post them on the WebTeach site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the WebTeach Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.