Last Updated on January 1, 2015
|Section 1: Definitions||Section 11: Pricing, Orders, and Fees||Section 21: Interaction with Others & Limited Liability |
|Section 2: Agreement to Terms||Section 12: Additional Services||Section 22: Modifications to Service |
|Section 3: Eligibility||Section 13: Refunds||Section 23: Export Controls |
|Section 4: How the Service Works||Section 14: Dispute Resolution Policy||Section 24: Arbitration & Governing Law |
|Section 5: Member Accounts||Section 15: Payment Schedule For Providers||Section 25: Release & Indemnification|
|Section 6: Non Permitted Use||Section 16: Taxes & Withholding||Section 26: Commercial Release|
|Section 7: Term||Section 17: Non Payment of Fees & Delinquent Accounts||Section 27: Warranties|
|Section 8: Effect of Termination||Section 18: Content Posted By You on the Website||Section 28: My Education Room K-12 Public Forum - Forum Rules & Posting Guidelines|
|Section 9: Non Circumvention ||Section 19: Content on the Website ||Section 29: Miscellaneous|
|Section 10: Rights||Section 20: Disclaimer||Section 30: Additional Terms|
Welcome to myeducationroom.com, a virtual lesson hosting service connecting “Members” with independent instruction providers, hereafter “Providers." By using myeducationroom.com (the “Website”) and/or making use of any other service, including the Website or hosted tools (the “Service”), you agree to be bound by these Terms of Service (this “Agreement”). If you wish to use the Website, any Service or become a Member, 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 the Website or any Service.
1.2 Provider - a provider may be defined as the following:
Membership in the Service is void where prohibited. Any access to or use of the Service by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. If you access the Website 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 the Website, 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.
We are a virtual lesson hosting service connecting Members and Providers. For Providers, we offer various hosted products to support instruction including web conferencing, lesson creation, lesson scheduling and promotion tools. Providers can also apply to be listed on the Website where prospective Members can review their profile, book and pay for lessons and other services ancillary thereto (called a "Listing"). For Members, we provide a platform to find a suitable Provider and schedule lessons and other services ancillary thereto. Users may be able to review Listings as an unregistered visitor to the Website; however, if you wish to book a lesson as a Member, to create a Listing as a Provider, to use hosted tools or access certain areas of the Website, you must first become a registered Member of the Website.
For business members using the My Education Room platform we offer hosted services to support online webinars including the registration of providers and participants. Business members are responsible for setting the price of the webinars, recruiting providers and participants, collecting funds, submitting payments to My Education Room for balances owing, and overseeing any disputes that may arise from lessons offered using our services.
You may use the Website at no direct cost. As a Website user, you may have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to book or manage lessons, you must become a registered Member of the Website.
To become a Member, you agree to:
Members accept full responsibility for:
My Education Room Inc. may monitor Member’s or its user’s use of the Services:
5.1 Parent Membership
As a Parent Member, you will have the ability to book and pay for lessons, manage your child’s lesson schedule, access help documents and use any other Website services provided to Parent & Student Members. As a Parent Member you must continually comply with this Agreement.
THE PARENT OR LEGAL GUARDIAN ACCEPTS FULL RESPONSIBILITY FOR THE ONLINE ACTIVITIES OF EACH CHILD THEY REGISTER ON THE SITE. THIS INCLUDES:
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate websites and will go a long way toward ensuring that your children have enriching experiences online.
We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general. You should regularly oversee the kids’ use of e-mail and other online communication and transactional features.
Internet safety rules to review with each child you (the Parent) register to use the site.
Online Safety Rules for Kids
Canada Safety Council
5.2 Student Membership.
As a student member, you will have the ability to access your lesson schedule, access help documents and use any other website services provided to student members. As a student member you must continually comply with this agreement.
5.3 Provider Membership.
As a provider member, you will have access to tools that enable you manage web conferencing, lesson creation, lesson scheduling and promotion tools. In addition, you will have the opportunity to apply for the right to list lessons. Acceptance for listing on the website is at our sole discretion and we may remove listings from the website at any time for any reason.
Any listing posted by the provider
All K-12 providers agree to the following:
5.4 Business Members
As a business member, you will have the ability to book lessons, add and assign providers to teach the lesson, add participants, manage your lesson schedules, access help documents and use any other Website services provided to Business Members.
Business members are responsible for marketing lessons, retaining the services of a provider, collecting all lesson fees, and remitting payment to My Education Room following the completion of the lesson within thirty days from receipt of their invoice.
As a business member you must continually comply with this agreement.
5.5 Independent Contractor Status.
When a member chooses a provider from our website, you are hiring us to provide services to you through our network of independent contractors. You acknowledge that providers are independent contractors who operate a separate and distinct business from My Education Room. As such, we do not control the manner or method of service to you, exercise no control over the working relationship and do not warrant the service of any provider. We urge all users of the website to be responsible and careful about their use of the service and any transaction entered into as a result of a listing on the website.
5.6 Member Account Security
You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account.
At no time should you respond to an online request for a password. My Education Room will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. We will use your username and password to identify you when you attempt to access the Service. We recommend you retain your account summary information for your records.
Usernames or Screen Names:
As part of the registration process, you may be asked to select a screen name. We reserve the right to refuse to grant you or to terminate a screen name that:
You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username or screen name at any time and for any reason.
Member is solely responsible for
(i) the configuration of member’s services account
(ii) the operation, performance and security of member’s equipment, networks and other computing resources used to connect to the services
(iii) ensuring they exit or log off from the services at the end of each session
(iv) maintaining the confidentiality of member’s accounts, user id’s, conference codes, passwords and personal identification numbers used in conjunction with the services, and
(v) all uses of the services by member and its users. My Education Room Inc. reserves the right to suspend the services or terminate the agreement if member misuses or otherwise shares login information among users.
Member will notify My Education Room Inc. immediately of any unauthorized use of its account or any other breach of security. My Education Room Inc. will not be liable for any loss that member may incur as a result of a third party using its password or account, and member may be held liable for any such losses incurred by My Education Room Inc. and/or another party.
Use of the website is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of the website may be referred for criminal prosecution.
7.1 Parent Members accessing Services provided by My Education Room
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time from within your account. Termination of your membership will also automatically terminate any student memberships listed in your Parent account.
To help us analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us.
If we terminate your membership because you have breached this Agreement, you may not be entitled to any refunds. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7.2 Business Members accessing Services provided by My Education Room
These Terms shall apply as long as any Order is in effect. The period that Customer may access and use the Services (“Term”) shall be as specified in the Order and may include an initial period (“Initial Term”) and a renewal period (“Renewal Term”). If no Term is specified in the Order, then the Initial Term shall commence on the Effective Date for a twelve (12) month period, and thereafter shall automatically renew for additional twelve (12) month Renewal Terms on each anniversary thereof, unless either party provides notice of non-renewal thirty (30) days prior to expiration of the then-current term.
7.2a Termination for Convenience
During any Renewal Term, either party may terminate at any time with prior written notice and such termination shall be effective at the end of
(i) thirty (30) days or
(ii) Business Member’s current billing cycle, whichever is earlier
Business Member must submit written notice of termination to My Education Room Inc. to firstname.lastname@example.org or otherwise in accordance with the applicable Service Description.
7.2b Termination for Cause
Either party may terminate the Agreement
(i) if the other party breaches any of its material obligations under the Agreement and fails to cure within thirty (30) days of receipt of written notice from the non-breaching party, or
(ii) if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, or
(iii) immediately for a breach by Customer of Section 4 or Section 14.
The provisions of Sections 5.1 (Fees), 11.1 & 11.2 (Effect of Termination), 16 & 17 (Customer Content and Customer Accounts), 25 (Indemnification), 15 (Limitation of Liability), and 10.9 (Notices) shall survive any termination of the Agreement.
During the term of this Agreement and for two years thereafter, no Student and/or Provider shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Student or Provider introduced by us through the Website or any Service, without our consent. In case of such circumvention, such Student and/or Provider agrees and guarantees that such Student and/or Provider will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Provider and/or Student not circumvented our rights under this Agreement.
10.1 Right to Use the Service
10.2 Limitations on Use.
While using the Website you agree not to:
10.2a Use the Services in violation of My Education Room Inc. policies, applicable laws, ordinances or regulations;
10.2b Market, offer to sell, and/or resell the Services to any unauthorized third party
This includes engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
10.2c Restrict or inhibit any other visitor or Member from using the Service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Website;
10.2d Use the Service for any unlawful purpose;
10.2e Express or imply that any statements you make are endorsed by us, without our prior written consent;
10.2f Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
10.2g Use the Services to send unsolicited or unauthorized advertising, junk mail, or spam;
10.2h Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
10.2i Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
10.2j Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
10.2k "Frame" or "mirror" any part of the Website without our prior written authorization;
10.2l Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
10.2m Harvest or collect information about Website visitors or Members without their express consent;
10.2n Create more than one profile without our express written consent;
10.2o Permit anyone else whose account or subscription was terminated, or who is not a Member, to use the Website through your subscription, username or password;
10.2p Use the Services directly or indirectly for competitive benchmarking or other competitive analysis if Member is a direct competitor of the applicable Service;
10.2q Solicit any provider or user to work with or for another company for employment, independent contracting services, performances, or other service; or
10.2r Engage in any communication related to sexual conduct, nudity, or which expresses profanity.
10.2s Make any representations with respect to My Education Room Inc. or this Agreement (including, without limitation, that My Education Room Inc. is a warrantor or co-seller of any of Customer’s products and/or services). My Education Room Inc. shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
10.3 Proprietary Rights
Except for the limited rights granted herein, Customer has no right, title or interest in or to the Services or any components provided by My Education Room Inc. in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that My Education Room Inc. or its licensors retain all proprietary right, title and interest in and to, or practiced in connection with, the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
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. Members and Provider Members are obligated to honor the prices established at the time of payment.
Members may Order Services (i.e. lessons) using the My Education Room Inc. websites then-current ordering processes. All Orders are subject to acceptance by My Education Room Inc. in its discretion. Order information is subject to automatic processing by My Education Room Inc. for the purposes of managing Member’s account.
Members are responsible for all fees applicable to the Services specified on the Order, including any one-time implementation fees (“Fees”).
My Education Room Inc. reserves the right to terminate this Agreement immediately in the event any payment information is found at any time to be inaccurate, incomplete and/or not current.
All K-12 lesson fees are due and payable immediately in order for the Member to be enrolled in an online lesson.
All business lesson fees are due and payable within thirty days of receipt of an invoice.
My Education Room Inc. shall not be responsible for any overdraft charges or other fees.
When Parent members pay for a lesson using the My Education Room website they may pay by Visa, Mastercard or Interac Online.
Applicable fees are included in the cost of each lesson.
These fees are used to offset costs associated with operating the website.
My Education Room plans to use some of the profits generated to help our members and that of the K-12 education community (i.e. school equipment and supplies, scholarships, bursaries)
Teacher sets Grade 9 Math Lesson on Algebra to cost $30. The cost to the Parent is $30 plus GST (or HST depending on the tax structure of the province)
Breakdown: Teacher's Earnings + Admin Fee = $30
All K-12 lesson fees are due and payable immediately in order for the Student member to be enrolled in an online lesson.
My Education Room Inc. shall not be responsible for any overdraft charges or other fees.
NOTE: The currency used in all transactions is the Canadian dollar
All payments are processed via our Canadian Merchant Provider:
Customer may order additional Services at any time. Unless otherwise agreed in the applicable Order, any additional Services ordered by Customer following the Effective Date are subject to these Terms, and shall be coterminous with the Term for existing Services.
If a teacher can not fulfill their obligation to teach the class (i.e sickness) then all students are issued a refund.
Should a member wish My Education Room to mediate a dispute they must submit a written request to do so within 72 hours of the completion of the lesson in question and state the nature of the complaint. Should the written request not be received by the member within the 72 hour time frame the request will be automatically dismissed.
Written requests may be made to email@example.com.
Providers will be allowed 72 hours to respond to the complaint once they receive a copy of the dispute from My Education Room or they automatically forfeit the amount in question.
For transparency written requests must include the following information:
Renumeration to the Provider in question will be held until a decision is made. The decision will specify if the funds will be released to the provider or the Member is issued a refund.
The time allotted to resolving disputes will depend on the complexity of each dispute.
NOTE: Business Members are responsible for resolving all disputes between their customers using My Education Room’s Services and their Providers
All members using the services of My Education Room agree that the decisions made relating to disputes in question will be considered binding.
NOTE: Business members are responsible for paying their own providers
Members shall be responsible for all applicable taxes (including but not limited to withholding tax, sales tax, services tax, goods and services tax (GST), provincial sales tax (PST), Universal Services Fund (USF) fees (if applicable to the Audio Services only) and/or duties) (collectively, “Taxes”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on My Education Room Inc. net income, and/or those Taxes for which Member has provided a certificate confirming Member is otherwise exempt.
If Member fails to satisfy its Tax obligations herein, Member agrees to reimburse My Education Room Inc. for any Taxes paid on Member’s behalf and indemnify and hold My Education Room Inc. harmless against any claim, liability and/or penalties resulting therefrom.
Business Members will be responsible for collecting all taxes paid by their customers
My Education Room Inc. will be responsible for collecting all taxes from Parent Members using Services on the My Education Room Inc. website.
My Education Room Inc. reserves the right, in its discretion, to
As a Member, you may be able to post content on the Website, including uploading photos and providing reviews of Members. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Website or Service, or transmit or display to other Members.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site.
As a condition of your use of the My Education Room services, you will not use the Site in any manner intended to damage, disable, overburden or impair any My Education Room server or the network(s) connected to any my Education Room server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any My Education Room server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
NOTE: My Education Room considers all teaching materials created by providers (i.e. certified teachers) for use in their online lessons to be the sole copyright of the Providers and will not use, copy, display, reproduce, adapt, modify or distribute that material. Providers are responsible for ensuring that they receive permission to use copyrighted material prior to lessons being conducted where that material is being used, displayed, adapted, modified etc.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability or authenticity of any information contained within the Listings or of any information posted by a Member on the Website. 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 the Website or Member of the Service. 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 the Service, any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
Although each member must agree to this Agreement, we cannot and do not guarantee that the material and content posted by each Member to be true and warranted. 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 the Website by persons under the age of 18 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 on the Website 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 the Website, 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 on the Website. Please carefully select the type of information that you post on the Website or release to others. 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, THE SERVICE OR OTHERWISE.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Notification of changes to the Service may be posted within your Member profile or on the Website.
No Software may be downloaded from the Website or otherwise exported or re-exported.
In connection with the performance, access and use of the Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Member shall provide the relevant persons and/or participants with all information or notices Member is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required.
Notwithstanding any other provision in this Agreement, My Education Room Inc. shall have the right to immediately terminate this Agreement for noncompliance with applicable laws.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, the Website or our relationship shall be BINDING ARBITRATION administered by the British Columbia International Commercial Arbitration Centre. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a British Columbia small-claims court. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us as any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see the Arbitration Rules at http://bcicac.com/.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award or in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the provincial or federal courts located in Vancouver, British Columbia Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and us, shall be governed by the laws of the province of British Columbia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Commercial Arbitration Act.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MY EDUCATION ROOM AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND SERVICE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MY EDUCATION ROOM AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS.
YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or our voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of the Service, without further compensation whatsoever of any kind as a result of such use.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN SUCH JURISDICTIONS.
My Education Room® is a community of teachers, parents and students of all ages who are here to learn new information, to help each other, and to help their fellow peers. With that in mind, we ask that all members please follow these simple rules in order to create an atmosphere where everyone feels comfortable.
The rules are as follows:
Violation of any of these rules can lead to a banning of the user from our Web Site and a deletion of their account. The consequences will be determined by the Staff on a case by case basis.
When posting you agree that the administrators and the moderators of this forum has the right to modify, delete, edit or close any topic, signature, account, or profile data at any time that they see fit. If you have any questions concerning this, please do not start a new thread, but rather private message to an administrator or moderator.
If you have any questions, please feel free to Contact Us.
If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or the Service. This Agreement is binding on the parties hereto and their successors and assigns.
30.1. Services Trial
My Education Room may make the Services available to Customer on a trial basis or offer promotional versions of the Services for a limited period of time (“Trial Period”), as specified on the applicable Order. The Trial Period shall terminate
(i) at the end of the stated Trial Period, or
(ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services.
Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, My Education Room provides the Services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other terms of this Agreement otherwise apply.
My Education Room reserves the right to modify or discontinue any trials or promotions at any time without notice.
In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement as stipulated in the Canadian Copyright Act, Customer shall notify My Education Room Inc. in writing at:
My Education Room Inc.
Attn: Richard Rainey (Drysdale Bacon McStravick LLP)
#211 1015 Austin Avenue
Coquitlam, BC V3K 3N9
Please provide all of the following information:
(i) a statement that Customer has identified content in the Services that infringes a copyright of a third party for whom Customer is authorized to act
(ii) a description of the copyrighted work Customer claims has been infringed
(iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content's location
(iv) Customer’s name, address, telephone number, and e-mail address
(v) a statement that Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)
(vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
(vii) Customer’s electronic or scanned physical signature
My Education Room Inc. reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
30.5. Suspension of Service
My Education Room Inc. may temporarily suspend the Services if My Education Room Inc. determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and My Education Room Inc. will take action to promptly resolve any such security issues. My Education Room Inc. agrees to notify Customer of any such suspension and subsequent reactivation of the Services.
30.6 High-Risk Use
Customer acknowledges that the Services are not designed or intended for access and/or use in or during high-risk activities. Customer understands that the Services do not allow and should not be used for calls to emergency services. My Education Room Inc. expressly disclaims any express or implied warranty of fitness for such purposes.
Certain Services provide functionality that potentially allows a Customer to record audio and data shared during collaboration sessions. Customer is solely responsible for complying with all federal, state, and local laws in the relevant jurisdiction when using recording functionality. My Education Room Inc. expressly disclaims all liability with respect to Customer's recording of audio and/or shared data while using the Services, and Customer releases and agrees to hold My Education Room Inc. harmless from and against any damages or liabilities related to the recording of any audio and/or data.
30.8 Voice and Data Charges; Customer Connectivity
Customer is responsible for all fees and charges imposed by Customer’s telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and/or data transmission used to access and use the Services.
If Customer’s broadband connection and/or telephone service fails, or Customer experiences a power failure, the Services may also cease to function due to reasons outside of My Education Room Inc. control.
Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign this Agreement as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. This Agreement will bind and inure to the benefit of each party’s successors or assigns.
All legal notices required under this Agreement shall be in writing and delivered in person or by certified or registered express mail to the address last designated on the account for Customer, and the My Education Room Inc. contracting entity as specified below, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given
(i) upon personal delivery
(ii) if delivered by air courier or email, upon confirmation of receipt; or
(iii) five (5) days after deposit in the mail.
Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender’s email.
My Education Room Inc. may also provide Customer with notice postings on the My Education Room Inc. website. A copy of all Customer legal notices must also be sent to
My Education Room Inc.
Attn: Richard Rainey (Drysdale Bacon McStravick LLP)
#211 1015 Austin Avenue
Coquitlam, BC V3K 3N9
30.11 Entire Agreement; Order of Precedence
This Agreement sets forth the entire agreement and understanding of the parties relating to the Services and supersedes all prior and contemporaneous oral and written agreements. For any conflict between an executed Order, the Service Descriptions and these Terms, the conflict shall be resolved in that order, but only for the specific Services described in the applicable Order. For any conflict between these Terms and any BAA, this Agreement shall control.
Nothing contained in any document submitted by Customer shall in any way add to or otherwise modify the Agreement or My Education Room Inc. program terms. The Terms may be updated by My Education Room Inc. from time to time without notice (but will be identified by its last updated date) and may be reviewed at www.myeducationroom.com. Customer’s continued access to and use of the Service constitutes acceptance of the then-current Terms.
30.12 General Terms
Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties.
No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof. My Education Room Inc. authorized resellers and distributors do not have the right to make modifications to this Agreement or to make any additional representations, commitments, or warranties binding on My Education Room Inc.
No waiver or amendment of any term or condition of this Agreement shall be valid or binding on any party unless agreed to in writing by each party. My Education Room Inc. failure to enforce any term of this Agreement will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative.
This Agreement may be executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under this Agreement due to force, major events, and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force or major events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of government.
My Education Room Inc.
Attn: Richard Rainey (Drysdale Bacon McStravick LLP)
#211 1015 Austin Avenue
Coquitlam, BC V3K 3N9
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) MAY ACCESS OR USE THE SERVICE, READ THE FOLLOWING CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO THESE TERMS, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT SET UP AN ACCOUNT. PLEASE PRINT A COPY OF THE TERMS OF SERVICE FOR YOUR RECORDS.
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"MyEducationRoom.com" and "My Education Room" are trademarks and/or service marks of My Education Room Inc. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.