Terms of Services
(Last Updated on March 23th, 2021)
Please read these Education Monsters Terms of Service (the "Education Monsters Terms" or "Education Monsters Terms of Service") carefully as they govern (i) your access to and use of our Sites, (ii) your access to and use of our Applications, or (iii) your access to and use of our services that link to or reference these Education Monsters Terms, and contain important information about your legal rights, remedies and obligations. The Site, Application and other Education Monsters services together are hereinafter collectively referred to as the "Education Monsters Platform". By accessing or using the Education Monsters Platform, you are agreeing to these Education Monsters Terms and concluding a legally binding contract with Education Monsters, whether or not you become a registered user of the Education Monsters Platform. Certain areas of the Education Monsters Platform may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Education Monsters Terms and the terms and conditions posted for a specific area of the Education Monsters Platform, the terms and conditions that are specific to that area will take precedence with respect to your use of, or access to, that area of the Education Monsters Platform.
You may be referred to in this Education Monsters Terms as "you" or "your", or may be referred to specifically in your applicable role as a Company or an Authorized User (each as defined below). If you are entering into this Education Monsters Terms on behalf of a company or other legal entity (such company or legal entity, the "Company"), this Education Monsters Terms shall be a binding agreement between Education Monsters and the Company that you represent, and you represent that you have the authority to bind such Company, its users, and its affiliates to this Education Monsters Terms. In that case, the terms "you" or "your" shall also refer to such entity, its users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this Education Monsters Terms, you may not use the Service. If you are entering into this Education Monsters Terms as an individual and not on behalf of a company or other legal entity, this Education Monsters Terms shall be a binding agreement between Education Monsters and you personally. You acknowledge that this Education Monsters terms is a contract between you and Education Monsters, even though it is electronic and is not physically signed by you and Education Monsters, and it governs your use of the Service.
Do not access or use the Education Monsters Platform if you are unwilling or unable to be bound by these Education Monsters Terms.
"Applications" means the applications for mobile, tablet, and other smart devices and application program interfaces provided by Education Monsters, including but not limited to the mobile applications entitled as "Education Monsters."
"Education Monsters", "we", "us", or "our" means (i) Education Monsters, with respect to Members that access and use of the Education Monsters Service.
"Education Monsters Content" means any content that Education Monsters creates and makes available in connection with the Education Monsters Platform, including proprietary Education Monsters content and any content licensed or authorized for use by or through Education Monsters from a third party, but excluding Member Content.
"Education Monsters Product" means the Application(s) of "Education Monsters", the Site "www.education-monsters.com" and any website operated by Education Monsters.
"Member Content" means all content, such as text, photos, audio, video, or other materials and information, that a Member posts, uploads, publishes, submits, transmits, includes in their Member profile.
"Student" means a Member that purchases Teacher Services.
"Teacher" means a Member that offers and delivers Teacher Services.
"Teacher Services" means all services delivered by Teachers as described in the Teacher Policy, including but not limited to paid lessons, packages and other services rendered where Education Monsters Credits (as defined in Payment Policy) are exchanged.
The Education Monsters Platform is an online venue for learning where registered users ("Members") may use our Connection Services and Payment Services to directly interact with one another. You understand and agree that Education Monsters is not a party to any agreements entered into between Students and Teachers or between Members, nor is Education Monsters a services broker or agent. Education Monsters has no control over the conduct of Students, Teachers, Members or other users of the Education Monsters Platform or over any services provided by Teachers or other Members over the Education Monsters Platform and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to teach on the Education Monsters Platform, you understand and agree that your relationship with Education Monsters is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Education Monsters for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Education Monsters. Education Monsters does not control, and has no right to control, your listing, your activities associated with your profile or listed services, or any other matters related to any services that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Education Monsters, including by using any Education Monsters intellectual property in an unauthorized or in appropriate manner.
Education Monsters reserves the right, at its sole discretion, to modify the Education Monsters Platform and to modify these Education Monsters Terms, at any time and without prior notice. If we modify these Education Monsters Terms, we will either post the modification on the Sites and the Applications or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Education Monsters Terms. By continuing to access or use the Education Monsters Platform after we have posted a modification on the Sites and the Applications or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Education Monsters Terms. If the modified Education Monsters Terms are not acceptable to you, your only recourse is to cease using the Education Monsters Platform.
The Education Monsters Platform is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH TEACHER ON THE EDUCATION MONSTERS PLATFORM IS
PROFESSIONAL, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE CHARACTER OR OTHER QUALITIES OF TEACHERS AND THE ACCURACY OF THE INFORMATION TEACHERS PROVIDE VIA THE EDUCATION MONSTERS PLATFORM. WHEN INTERACTING WITH OTHER MEMBERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. NEITHER EDUCATION MONSTERS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBERS OF THE EDUCATION MONSTERS PLATFORM. EDUCATION MONSTERS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE EDUCATION MONSTERS PLATFORM.
5. Description of Services
5.1 Education Monsters Services
Education Monsters’s services includes:
Connection Services. Education Monsters provides Members with access to and use of the Education Monsters Platform, which is an online venue where (a) Members can upload, submit, store, send and receive content related to learning; (b) Members can conduct searches, connect with, choose, and engage each other for the purposes of learning and instant practice; (c) Students can conduct searches, connect with, choose, and engage Teachers directly for instruction and Teacher Services; (d) Teachers can advertise their capabilities, respond to inquiries, connect with and engage Students to provide them with their Teacher Services. For the avoidance of doubt, in providing the Connection Services, Education Monsters only provides the venue for Members, including Students and Teachers, to find and contract with each other, and Education Monsters does not take part in direct interactions between Members.
Payment Services. For Students and Teachers, Education Monsters also provides certain payment processing services, credit purchase and payment tools, dispute resolution procedures and assistance, and other services in accordance with Education Monsters’s Payment Policy.
Business Services. If a Member is a Company, such Member may authorize additional individuals and/or their employees (the "Employees") to use of the Education Monsters Platform, including but not limited to the Connection Services and Payment Services. The Company may (i) track Employees’ completed lessons, (ii) add or remove any Employees from access to or the use of Education Monsters Platform, (iii) control, refill or shift their Education Monsters credits balances within such Company’s Education Monsters Account (as defined below). The Company may also review the Employees’ learning performance report through its Education Monsters Account. For the avoidance of doubt, an Employee shall be considered as a "Student".
5.2 Teacher Services
Teachers may provide certain Teacher Services through the Education Monsters Platform. If you are accepted to be a Teacher, you agree to Education Monsters's Teacher Policy. All Members hereby acknowledge that the Teacher Services are solely provided by Teachers and are not provided by Education Monsters. Education Monsters’s responsibility with respect to Teacher Services is limited to facilitating the availability of the Education Monsters Platform.
6. Education Monsters Account Registration
In order to use many of the features that are offered through the Education Monsters Platform, you must create an account ("Education Monsters Account") and become a Member.
You may not have more than one (1) active Education Monsters Account. 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. Education Monsters reserves the right to suspend or terminate your Education Monsters Account and your access to the Education Monsters Platform if you create more than one (1) Education Monsters Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Education Monsters Terms.
In addition, to create an Education Monsters Account, Education Monsters may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third-party rights and is not otherwise unlawful. Education Monsters may refuse to grant you a username in Education Monsters’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by Education Monsters in Education Monsters’s sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username and Education Monsters reserves the right to revoke and/or reassign that username in Education Monsters’s sole discretion. You understand and agree that Education Monsters reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Education Monsters’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR EDUCATION MONSTERS ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE EDUCATION MONSTERS PLATFORM, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR EDUCATION MONSTERS ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR EDUCATION MONSTERS ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE EDUCATION MONSTERS TERMS.
You agree to notify Education Monsters immediately of any unauthorized use of your Education Monsters Account. We reserve the right to close your Education Monsters Account at any time if you violate these Education Monsters Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.
6. Your Education Monsters currency
6.1 Virtual Currency Fees
We reserve the right to charge fees for the right to access or use Virtual Currency, and/or may distribute Virtual Currency without charge, in our sole discretion. You acknowledge and agree that we may revise or take action that impacts the perceived value of, or pricing for, any Virtual Currency at any time except to the extent that we agree otherwise in writing. Virtual Currency will expire after 24 months of non-use of your Education Monsters Account.
6.2 Managing Your Virtual Currency. All purchases of Virtual Currency are final and under no circumstances will be refundable, transferable or exchangeable
By purchasing Virtual Currency, you are confirming that you want the Virtual Currency immediately credited to your Education Monsters Account and that by doing so you lose any cancellation rights under applicable laws.
We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency as we see fit in our sole discretion, and we shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency will be lost, deleted from your Education Monsters Account or forfeited when/if your Education Monsters Account is terminated, suspended or closed for any reason or when we discontinue any or all of the Education MonstersProduct, including without limitation any services provided or offered through third party platforms.
We reserve the right, in our sole discretion, to make all calculations regarding the balance of Virtual Currency in your Education Monsters Account. We further reserve the right, in our sole discretion, to determine the amount of Virtual Currency that is credited and debited from your Education Monsters Account in connection with your use of the Education Monsters Product. While we strive to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that our determination of the amount of Virtual Currency in your Education Monsters Account is final, unless you can provide documentation to us that such calculation was or is intentionally incorrect.
6.3 Transfers of Virtual Currency; Unauthorized Transactions
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency or Education Monsters Accounts ("Unauthorized Transactions") with anyone, including with other users of the Education Monsters Product, is not sanctioned by us and is strictly forbidden. All Members who participate in such activities do so at their own risk and hereby agree to indemnify Education Monsters against any and all consequences resulting from such actions. You acknowledge that Education Monsters may stop, suspend, terminate, discontinue or reverse any Unauthorized Transactions when Education Monsters suspects or has evidence of fraud, violations of these Education Monsters Terms, violations of any other applicable law or regulation or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that Education Monsters may, in Education Monsters’s sole discretion, reverse any transaction if such reversal is in Education Monsters’s best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Education Monsters may, in Education Monsters’s sole discretion, terminate, suspend or modify your Education Monsters Account if you engage or assist in any Unauthorized Transactions. Verification of certain information applicable to a transaction involving Virtual Currency may be required prior to our acceptance thereof. In addition, as a condition to receiving certain Virtual Currency or other awards for participating in promotions, giveaways, contests or sweepstakes, you may be required to provide additional information about yourself in our marketing materials. You acknowledge and agree that Education Monsters shall have no liability for the use or loss of such information and/or Virtual Currency, such as hacking, phishing, password mining, social engineering and/or any other unauthorized third party or other user’s activity. Education Monsters may replace such lost Virtual Currency under certain circumstances, at Education Monsters’s sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide the Education Monsters or our designated representative with your credit card number or other billing information, and related information, in order to purchase Virtual Currency.
6.4 Purchasing Virtual Currency
You may pay for Virtual Currency by using the Education Monsters Product. We will not supply any products or services to you until the alternative billing and payment provider has authorized the use of your credit card or other applicable method for payment. If you use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms and conditions, which are available from such provider. You may be required to create an account with such alternate provider, and to provide such provider with your bank account or credit or debit card details.
All content made available through Education Monsters Platform is either owned by Education Monsters or Education Monsters’s licensors, or is licensed to Education Monsters and Education Monsters’s licensors pursuant to Section 10 (Member Content). As between you and Education Monsters, you own your Member Content. We own the Education Monsters Content, including but not limited to visual interfaces, interactive features, graphics, design, our compilation of Member Content, computer code, products, software, aggregate Member review ratings, and all other elements and components of the Education Monsters Platform excluding Member Content. As between you and Education Monsters, we also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world associated with the Education Monsters Content and the Education Monsters Platform, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Education Monsters Platform and the Education Monsters Content are retained by Education Monsters.
8. License Grant
Subject to and conditioned on compliance with these Education Monsters Terms, Education Monsters hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminatable license to access and use the Education Monsters Platform. Except as expressly set forth in these Education Monsters Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Education Monsters Content, other Members’ Member Content and the Education Monsters Platform without Education Monsters’s or our licensors’ express prior written permission.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Education Monsters Terms at all times, as judged by Education Monsters in Education Monsters’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Education Monsters Platform.
9. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit, store or transmit your Member Content. By making available any Member Content on or through the Education Monsters Platform, you hereby grant to Education Monsters a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of, or to promote or market the Education Monsters Platform. Education Monsters does not claim any ownership rights in any Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Education Monsters Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Education Monsters Platform or through Education Monsters promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Education Monsters the rights in such Member Content, as contemplated under these Education Monsters Terms; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of your Member Content or Education Monsters’s use of your Member Content (or any portion thereof) on, through or by means of the Education Monsters Platform or Education Monsters promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you are a Teacher, you may share your Member Content with your Students.
Education Monsters respects copyright law and expects its Members to do the same. If you believe that any content on the Education Monsters Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
We are under no obligation to enforce the Education Monsters Terms on your behalf against another Member. While we encourage you to let us know if you believe another Member has violated the Education Monsters Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
10.1 Improper Use
You agree not to, and will not assist, encourage, or enable others to use the Education Monsters Platform to:
Violate any third party's rights, including any breach of confidentiality, or any infringement of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
Upload any content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
Solicit personal information from minors, or submit or transmit pornography;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Education Monsters Platform for commercial purposes, except as expressly permitted by Education Monsters or contemplated by these Education Monsters Terms;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Education Monsters Platform’s search results or the search results of any third-party website; or
Violate any applicable law.
10.2 Additional Restrictions
You also agree not to, and will not assist, encourage, or enable others to:
Violate these Education Monsters Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Education Monsters Platform, any Education Monsters Content or other Members’ Member Content, except as expressly authorized by us;
Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Education Monsters Platform, any Education Monsters Content or other Members’ Member Content;
Reverse engineer any portion of the Education Monsters Platform;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Education Monsters Platform or on any materials printed or copied from the Education Monsters Platform;
Record, process or mine information about other Members;
Access the Education Monsters Platform by means other than through the public interfaces we provide to you;
Reformat or frame any portion of the Education Monsters Platform;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Education Monsters Platform, as determined by Education Monsters in Education Monsters’s sole discretion;
Attempt to gain unauthorized access to the Education Monsters Platform, Education Monsters Accounts, computer systems or networks connected to the Education Monsters Platform through hacking, password mining or any other means;
Use the Education Monsters Platform, any Education Monsters Content or other Members’ Member Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Education Monsters Platform;
Use any device, software or routine that interferes with the proper working of the Education Monsters Platform or otherwise attempt to interfere with the proper working of the Education Monsters Platform;
Use the Education Monsters Platform to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Education Monsters Platform, any Education Monsters Content or other Members’ Member Content;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Education Monsters Platform, features that prevent or restrict the use or copying of any Education Monsters Content, or other Members’ Member Content or features that enforce limitations on the use of the Education Monsters Platform;
Authorize any third party to use Education Monsters Platforms, including but not limited to Teacher Services, through your Education Monsters Account, or schedule any Teacher Services on behalf of any individuals other than yourself, except that the Company authorizes its Employee to use Education Monsters Platforms, and schedule the Teacher Services on behalf of its Employees;
Schedule and/or provide for any Teacher Service outside of the Education Monsters Platform;
Make, accept, or receive any payment in connection with the Teacher Service outside of the Education Monsters Platform; or
Solicit and/or recruit Education Monsters Members to work or study on other software or learning platforms.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, Education Monsters reserves the right to determine what conduct Education Monsters considers to be in violation of these Education Monsters Terms or otherwise outside the intent or spirit of the Education Monsters Platform. Education Monsters reserves the right to take action as a result of any such violation, which may include terminating your Education Monsters Account and prohibiting you from using the Education Monsters Platform in whole or in part.
The Education Monsters Platform may contain links to third-party websites or resources. You acknowledge and agree that Education Monsters is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Education Monsters of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
12. Enforcement of Education Monsters Terms of Service
We may suspend or cancel your Education Monsters Account if we believe that you have violated or acted in a manner that is inconsistently with the letter or the spirit of these Education Monsters Terms, or violated our rights or those of a third-party in connection with your use of the Education Monsters Platform. Without limiting Education Monsters's other remedies, we will suspend, cancel or terminate your Education Monsters Account, suspend your ability to use certain portions of the Education Monsters Platform, freeze or confiscate your Education Monsters Credits (as defined in the Payment Policy) and/or ban you altogether from the Education Monsters Platform, without notice or liability of any kind, if: (a) you breach any terms and conditions of these Education Monsters Terms or any other written policies and procedures posted on the Education Monsters Platform, including but not limited to Education Monsters Policies; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Members or for Education Monsters.
Once suspended or terminated, you may not continue to use the Education Monsters Platform under a different Education Monsters Account or re-register under a new Education Monsters Account. This includes usage of any associated Payment Services. In addition, violations of these Education Monsters Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities which circumvent the Education Monsters Platform or otherwise reduce service fees owed or paid to Education Monsters under these Education Monsters Terms, you will be liable to Education Monsters for the full amount of the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of your Education Monsters Account. Education Monsters reserves the right to terminate any Member or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. If your membership is canceled, you may no longer have access to data, messages, files and other material you store at the Education Monsters Platform.
THE EDUCATION MONSTERS PLATFORM PROVIDED BY EDUCATION MONSTERS AND THE SERVICES PROVIDED BY EDUCATION MONSTERS, ANY OF OUR LICENSORS OR TEACHERS ARE PROVIDED ON AN "AS IS," AND AS AVAILABLE BASIS, WITHOUT WARRANTY, AND "WITH ALL FAULTS", WITH THE EXPRESS UNDERSTANDING THAT EDUCATION MONSTERS MIGHT NOT MONITOR, CONTROL OR VET MEMBER CONTENT OR ANY CONTENT FROM THIRD PARTY. EDUCATION MONSTERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE EDUCATION MONSTERS PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE EDUCATION MONSTERS PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A STUDENT MAY USE TO SELECT A TEACHER, EACH STUDENT IS RESPONSIBLE FOR SELECTING THEIR TEACHER AND NEGOTIATING A CONTRACT AND EDUCATION MONSTERS DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES PURCHASED BY A STUDENT ON THE EDUCATION MONSTERS PLATFORM AND DOES NOT RECOMMEND ANY PARTICULAR TEACHER. EDUCATION MONSTERS DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TEACHER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
14. Limitation of Liability
IN NO EVENT SHALL EDUCATION MONSTERS, OUR LICENSORS OR THE TEACHERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THESE EDUCATION MONSTERS TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU
NOTWITHSTANDING ANY OTHER PROVISION OF THESE EDUCATION MONSTERS TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE EDUCATION MONSTERS PLATFORM PROVIDED UNDER THESE EDUCATION MONSTERS TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
You agree to indemnify, defend and hold Education Monsters harmless, including against all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Education Monsters Platform, (ii) your decision to submit postings and accept offers from other Member, (iii) any breach of contract or other claims made by Members with which you conducted business through the Education Monsters Platform, (iv) your violation of these Education Monsters Terms, (v) any products or services purchased or obtained by you in connection with the Education Monsters Platform, (vi) any liability arising from the tax treatment of payments to Teachers, (vii) any negligent or intentional wrongdoing committed by you on or through the Education Monsters Platform, (viii) any infringement by you, or any third party using your Education Monsters Account, of any intellectual property or other right of any person or entity, (ix) your failure to pay or dispute of any fees owed to any Teacher or any other amounts owed to other Members; and/or (x) your failure to satisfy your obligations as a Teacher or to a Teacher. Education Monsters reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Education Monsters and you agree to cooperate with Education Monsters’s defense of these claims. You agree not to settle any such matter without the prior written consent of Education Monsters. Education Monsters will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
16. Suspension, Termination or Cancellation
16.1 Termination By You
You may terminate these Education Monsters Terms at any time by closing your Education Monsters Account, discontinuing your use of the Education Monsters Platform and deleting the Applications from your device. You have the right to cancel your Education Monsters Account at any time.
16.2 Termination by Education Monsters
We may suspend, cancel or terminate your Education Monsters Account, suspend your ability to use certain portions of the Education Monsters Platform, freeze or confiscate your Education Monsters Credits (as defined in the Payment Policy) and/or ban you altogether from the Education Monsters Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person, or your Employee (to the extent you are a Company) has engaged in any of the restricted conduct described in Section 11 (Restrictions) or otherwise violated or may have violated these Education Monsters Terms and/or any Education Monsters Policies, or (b) your Education Monsters Account and use of the Education Monsters Platform have been inactive for more than twelve (12) months. To the extent that you violate these Education Monsters Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Education Monsters Platform. We are under no obligation to compensate you for any such losses.
We reserve the right to stop making available any one or more of the Education Monsters Platform, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Education Monsters Platform automatically ends when we terminate access to such Education Monsters Platform. Any such action could prevent you from accessing your Education Monsters Account, the Education Monsters Platform, any Education Monsters Content, or any other related information.
In the event of any termination of these Education Monsters Terms, whether by you or Education Monsters, the following Sections will continue in full force and effect: Section 8 (Ownership), Section 10 (Member Content), including but not limited to Education Monsters’s right to use your Member Content, Section 11 (Restrictions), Section 12 (Links), Section 13 (Enforcement of Education Monsters Terms of Service), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Suspension, Termination or Cancellation), Section 18 (Entire Agreement), Section 19 (Assignment), Section 20 (Notices), Section 21 (Governing Law and Jurisdiction), Section 21 (Dispute Resolution), Section 23 (Feedback) and Section 24 (General).
17. Entire Agreement
Except as they may be supplemented by additional Education Monsters policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Education Monsters Terms together with the Education Monsters Policies constitute the entire and exclusive understanding and agreement between Education Monsters and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Education Monsters and you in relation to your access to and use of the Education Monsters Platform.
You may not assign or transfer these Education Monsters Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Education Monsters's prior written consent. Any attempt by you to assign or transfer these Education Monsters Terms without such consent will be null and of no effect. Education Monsters may assign or transfer these Education Monsters Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these Education Monsters Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless you otherwise indicate in writing to customer service in accordance with Section 25 (Contacting Customer Service), Education Monsters will communicate with you by email or by posting communications on the Education Monsters Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Education Monsters sends the communication to the email address you have provided to Education Monsters on the Education Monsters Platform, or when Education Monsters posts such communication on the Education Monsters Platform. You must keep your email address updated on the Education Monsters Platform, and you must regularly check the Education Monsters Platform for postings. If you fail to respond to an email message from Education Monsters regarding violation, dispute or complaint within two business days, Education Monsters will have the right to terminate or suspend your Education Monsters Account.
20. Governing Law
Except as otherwise specified in Section 21.2 below, any claims arising out of the Education Monsters Platform or these Education Monsters Terms will be subject to the laws of Canada, without reference to conflict of laws principles.
21. Dispute Resolution; Binding Arbitration and Class Action Waiver
READ THIS SECTION 22 CAREFULLY. THIS SECTION 22 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
21.1 Informal Dispute Resolution
Our customer service department is available as noted in Section 25 (Contacting Customer Service) to address any concerns, disputes, claims or controversies you may have regarding the Education Monsters Platform, these Education Monsters Terms or the relationship between you and Education Monsters (collectively, "Disputes"). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
21.2 Dispute Resolution for Residents outside of the Canada
In the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 23.1 (Initial Dispute Resolution), you and Education Monsters expressly agree that any claim or action arising out of or relating to Education Monsters Platform or these Education Monsters Terms shall be submitted by any party to be finally resolved by arbitration by written notice to the other party. The arbitration shall be conducted in Canada. The number of arbitrators shall be one (1) unless otherwise subsequently agreed in writing by the parties. The arbitration proceedings shall be conducted in English. The arbitration tribunal shall apply the rules in effect at the time of the arbitration.;
21.3 Dispute Resolution for Residents in the Canada
If you are domiciled in and/or use the Education Monsters Platform in Canada, this Section 22.3 applies to you.
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Location. The arbitration will take place at any reasonable location within Canada where it is convenient for you.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND EDUCATION MONSTERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR EDUCATION MONSTERS’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Education Monsters Platform under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Section 22.3(i) (Agreement to Arbitrate), Section 22.3(ii) (Location) and Section 22.3(iii) (Class Action Waiver) above by sending written notice of your decision to opt-out pursuant to Section 20 (Notice). The notice must be sent within 30 days of your first access or use of the Education Monsters Platform; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Education Monsters also will not be bound by such provisions.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against Education Monsters and other Members any claims and assertions of any moral rights that you may have with respect to such Feedback.
The failure of Education Monsters to enforce any right or provision of these Education Monsters Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Education Monsters. Except as expressly set forth in these Education Monsters Terms, the exercise by either party of any of its remedies under these Education Monsters Terms will be without prejudice to its other remedies under these Education Monsters Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Education Monsters Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Education Monsters Terms will remain in full force and effect.
24. Contacting Customer Service
If you wish to report a violation of these Terms, have any questions or need assistance, please contact Education Monsters customer service as follows:
For Members that access and use of Education Monsters:
Online Support: www.education-monsters.com