Description of Service
The GatherEducation.com web site (the "Site"), the services provided by the Site (the “Services”) and the software available for download from the Site in connection with the Services (the "Software") are owned, operated and maintained, as applicable, by Gather Education, Inc. ("we", our" , "us", or the "Company"). By (a) using or accessing the Site or the Services or (b) downloading, accessing, installing or using the Software, you agree to the terms and conditions set forth below (the "Terms"). If you do not agree with these Terms, you should not use the Site. For the purposes of these Terms, "you" means any Instructor (as defined below), student, school, educational organization or any other person or entity that accesses or uses the Services.
Through our Services, Site and Software, Gather Education enables users to connect with independent instructors (the "Instructors") who provide live and recorded instruction, tutoring and learning services in our proprietary online classrooms (the "Sessions"). The Services include, without limitation, facilitating and hosting Sessions, and taking feedback from users.
Connectivity Costs and Equipment
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You must be 13 years or older to use the Service.
- You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, valid email address, zip code, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Gather Education will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
- You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
Specific Obligations of Instructors
As an Instructor registered with the Site, you agree that:
- You will not violate these Terms;
- You are fully responsible for the content you provide, and accuracy of the information;
- You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your Submitted Content to enable inclusion and use of such Submitted Content in the manner contemplated by the Site and these Terms of Service;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge and skill sets, to teach and offer the services you mention;
- You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content;
- You will not distribute viruses, post spam, chain mails or other such data;
- You will not use the Site for any business other than for providing tutoring, teaching and instructional services;
- You will not copy, modify or distribute Company Content (as defined below) from our Site, including trademarks and copyrights;
- You will not interfere with or otherwise prevent other Instructors from providing their services;
- You will keep Your Data (as defined below) up-to-date, and respond to users seeking your services in a timely fashion, so as to ensure quality of service provided to students, parents and other users of the Site;
- You will read and abide by the pricing information (see Services section above) before using the Site;
- If you are under the age of 18, but are qualified to be a Instructor, you will obtain parent or legal guardian permission as and when needed, and before registering with the Site; and
- If you are in a state or municipality where any form of educating requires a license or other form of governmental permission, you shall not use this Site or act as an Instructor until such license and permission is obtained.
Specific Obligations of Users of the Services that are not Instructors
As a user of the Services that is not an Instructor, you agree that:
- You will not violate these Terms;
- You will read the applicable use license associated with any Submitted Content that you use or access on the Site and will strictly comply with any such license;
- You will only use the Submitted Content for educational and non-commercial purposes;
- If you are under the age of 18, get parent or legal guardian consent before using the Site and before contacting the Instructors;
- You will only contact the Instructors if you are looking for an Instructor;
- You will NOT:
- use the Services in a manner that violates the rights of others, including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- distribute or post spam, chain mails or any such data;
- distribute or post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content to the Site;
- manipulate or interfere with the Site;
- disclose any information to a Instructor that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you; or
- solicit personal information from any Instructor, and agree that if any Instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing; or
- You will read and abide by the pricing information (see Services section above) before using the Site.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
User and Instructor Submitted Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to Gather Education, the Site, or the Services by any means (the "Submitted Content") will be treated as non-confidential and subject to the license below, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control, redistribution, professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. Notwithstanding the foregoing, you have the right to remove your Submitted Content and/or mark it as "private" such that the Submitted Content will be inaccessible to other users.
You agree that we may record all or any part of any Sessions (including voice chat communications) for quality control, redistribution, advertising and other purposes. We reserve the right to review the Sessions for any purpose.
Gather Education will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Gather Education notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of firstname.lastname@example.org that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512).You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Licensing Submitted Content
While you retain any and all rights in any Submitted Content you make available through the Service, we need certain rights to the Submitted Content and in that Submitted Content in order to make the Service available. By uploading or otherwise making available any Submitted Content, you automatically grant and/or warrant that the owner has granted to us a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submitted Content (or any portion or derivative works thereof) in any manner, in any medium, for any purpose to the extent necessary to deliver the Services, the services provided by Gather Education or any other services provided by the Company. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the Content.
You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of the Submitted Content, or any portion thereof, or of your name, personality, likeness, image or voice in connection with the Submitted Content, or any advertising or publicity relating thereto.
Removal of Submitted Content by Gather Education
You acknowledge that Gather Education may screen Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Submitted Content, including terminating Sessions. Without limiting the foregoing, we have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve Submitted Content and may disclose Submitted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Submitted Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Site, the Software or the Services (collectively, the "Company Content") are the proprietary works of Gather Education and/or our affiliated and/or third party providers and suppliers (the "Third Parties") and are protected, without limitation, pursuant to U.S. and foreign copyright laws.
Prohibited Use of Company Content
Except as expressly authorized by Gather Education or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the Site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Permitted Use of Company Content
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (a) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (i) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (ii) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (b) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that Gather Education and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the Site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the Site, the Company Content or the Services. These rights granted to you are revocable by us in accordance with these Terms.
GATHER EDUCATION CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GATHER EDUCATION OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR INSTRUCTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF INSTRUCTORS OR USERS.
You agree to indemnify, defend and hold harmless Gather Education, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. 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 in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Registration and Security
As a condition to using Services, you may be required to register with Gather Education and select a password and username ("Gather Education User ID"). You shall provide Gather Education with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use as a Gather Education User ID a name of another person with the intent to impersonate that person or use as a Gather Education User ID a name subject to any rights of a person other than you without appropriate authorization. Gather Education reserves the right to refuse registration of or cancel a Gather Education User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
Modification of Services
Gather Education may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site or the Services.
Changes to Terms of Service
Gather Education reserves the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the "Terms of Service" located at the bottom of the pages of the Site. The most current version of the Terms will supersede all previous versions. Your use of the Site or continued use of our service after changes are made means that you agree to be bound by such changes.
Termination of Services
Gather Education may terminate your use of the Site or Services immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the general provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination you will immediately destroy any downloaded or printed Company Content.
Apple and Microsoft Device and Application Terms
- Both you and Gather Education acknowledge that this Agreement is concluded between you and Gather Education only, and not with Apple or Microsoft, and that neither Apple nor Microsoft is responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple or Microsoft device that you own or control;
- You acknowledge and agree that Apple and Microsoft have no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Microsoft of such failure; upon notification, Apple or Microsoft’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Gather Education, and not Apple or Microsoft, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Gather Education, and not Apple or Microsoft, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Gather Education acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Gather Education acknowledge and agree that Apple, Microsoft and their subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple or Microsoft will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.