Teach Me To Terms of Service
Last Updated July 26, 2024
Teach Me To, Inc. (together with its parents, subsidiaries, affiliates, divisions, brands, representatives, officers, and directors, “Teach Me To,” “we,” “us,” or “our,” as the context may require) operates and provides the Teach Me To applications, websites, technologies, facilities, and platform (collectively, the “Teach Me To Platform”).
These Terms of Service (these “Terms”), together with any documents they expressly incorporate by reference, including the Teach Me To Privacy Policy, constitute a legally binding agreement between you and Teach Me To, and govern your access to and use of the Teach Me To Platform. These Terms are entered into by and between you and Teach Me To.
The Teach Me To Platform connects individuals (“Students”) with skilled instructors (“Coaches”) who provide coaching or teaching services in their area of expertise (“Coach Services”) through private lessons (“Lessons”). Students, Coaches, and other users of the Teach Me To Platform are referred to collectively as “Members.”
Please read these Terms carefully before you use the Teach Me To Platform. By registering, accessing, or using the Teach Me To Platform, or by clicking “I accept” or “I agree” to the Terms when this option is made available to you, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not visit, access, use, or otherwise interact with the Teach Me To Platform.
PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TEACH ME TO CAN BE BROUGHT (SEE SECTION 28 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST TEACH ME TO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
I. Student Terms
1. Searching and Booking on Teach Me To.
1.1 Searching
You can search for Coach Services by using criteria like the type of Coach Service, location, dates, and number of Students. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous Lessons and saved Lessons, Coach requirements, and more.
1.2 Booking
When you book a Lesson, you are agreeing to pay all charges for your booking, including the Lesson price, applicable fees like Teach Me To's Service Fees (as defined below), taxes, and any other items identified during checkout. You are also agreeing that Teach Me To may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Coach Services is formed directly between you and the Coach. The cancellation policy and any other rules, standards, policies, or requirements identified during checkout form part of your contract with the Coach. Be aware that some Coaches work with another Coach (a “co-Coach”) or as part of a team to provide their Coach Services.
1.3 Lessons
Booking a Lesson entitles you to participate in, attend, or use that Coach Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Coach of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Coach Service. Except where expressly authorized, you may not allow any person to join a Lesson unless they are included as an additional Student during the Lesson booking process.
2. Cancellations, Refunds and Booking Modifications
At Teach Me To, we value our customers. We understand that circumstances may change, and we strive to provide a refund and cancellation policy that is fair to the coach, student and TeachMe.To. Please take a moment to review the details below.
2.1 Refund Policy
Change of Heart Refund If you cancel within 24 hours of purchase, you will be granted a full refund, as long as your lesson is not within 24 hours of cancellation. If you cancel more than 24 hours after booking and more than 24hours before your scheduled lesson, your purchase will be converted to a lesson credit. Cancelations less than 24hrs before the scheduled lesson are not eligible for refunds.
Unsatisfactory Experience Refund: If your first lesson doesn’t meet your expectations, contact us within 24 hours after completing it. We may offer a partial or full refund or help you switch to a different coach.
2.2 Rescheduling/Cancelling for Credit
Timely Cancel/ Reschedule (More than 24 Hours Notice): You can reschedule a lesson at no cost if you request it at least 24 hours before the scheduled start time.
Cancel for Credit: If you need to cancel for any reason, including medical or weather/Acts of God, but aren’t ready to reschedule the lesson AND you are cancelling with more than 24hrs notice, your lesson will convert to a credit, valid for 12 months from the original purchase date.
Changes with less than 24 Hours Notice: If you request to reschedule or cancel your lesson within 24 hours of the lesson, you will still be charged for the lesson.
Single Lessons & Lesson Pack Changes: Any purchased single lessons or lesson packs are valid for 12 months from the purchase date and can be rescheduled or transferred to other coaches or skills for the original purchase value.
Unused Credits: Unused credits expire after 12 months of their scheduled usage.
2.3 Subscription Renewals, Cancellations and Refunds
Auto-Renewal: Subscriptions renew every 4 weeks from the initial purchase date (e.g., purchase on March 27 → renewal on April 24).
Cancellations You can cancel any time to stop future renewals.. The cancellation applies to the next renewal date. You will keep your unused lesson credits for up to 12 months after cancellation. Refunds are not available for previous months after your first renewal
Refunds on the first month subscription
A full refund for the first month of a new subscription is available if:
You are in the first month of your subscription before the first renewal, AND
You request a refund no more than 5 days after your first lesson.
5 days after your first lesson or once the first renewal occurs, you are no longer eligible for a full refund.
Weekly Lessons Subscription: Each subscription covers 1 lesson per week. If you don’t take a lesson in a given week, that credit can be rolled over for up to 12 months. Unused credits expire after 12 months of their scheduled usage.
Switching Coaches or Skills: You may transfer your subscription to a different coach or skill at any time. If you have unused credits after canceling, you can also apply those credits to a new coach (rate differences may apply).
2.4 Booking Modifications
Students and Coaches are responsible for any Lesson booking modifications they mutually agree to make, either via the Teach Me To Platform or via Teach Me To customer service ("Booking Modifications"), and Students agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3. Your Responsibilities and Assumption of Risk
3.1 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Coach Service. For example, this means you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Student who is a minor, or if you bring a minor to a Coach Service, you must be legally authorized to act on behalf of the minor, and you are solely responsible for the supervision of that minor.
3.2 Your Assumption of Risk
You acknowledge participating in the Coach Services carries inherent risks, and you agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Teach Me To Platform and any Content (as defined in Section 11), including your participation in any Lesson, use of any Coach Service, or any other interaction you have with other Members, whether online or offline. You agree that you have had the opportunity to investigate the Teach Me To Platform and any laws, rules, regulations, or obligations that may be applicable to your Coach Services or Lessons, and that you are not relying upon any statement made by Teach Me To. We do not employ any Coaches and are not responsible for the conduct, whether online or offline, of any Coach or other Member. We do not refer or recommend Coaches, nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the Coach Services provided by Coaches or the integrity, reliability, or actions of Coaches, whether in public, private, or offline interactions. This means it is your responsibility to investigate a Coach Service to determine whether it is suitable for you. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE TEACH TO ME PLATFORM AND ANY COACH SERVICES PROVIDED THROUGH THE TEACH ME TO PLATFORM WITH KNOWLEDGE OF THE RISKS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TEACH ME TO OR OTHERWISE.
II. Coach Terms
4. Teaching on Teach Me To.
4.1 Coach
As a Coach, Teach Me To offers you the opportunity to share your skills with our vibrant community of Students - and earn money doing it. It's easy to create a Lesson, and you are in control of how you teach, including setting your availability and rules for each Lesson.
4.2 Contracting with Students
When you accept a booking request for a Lesson, or receive a booking confirmation for a Lesson through the Teach Me To Platform, you are entering into a contract directly with the Student, and are responsible for delivering your Coach Service under the terms and at the price you have specified in your Coach Service description. You are also agreeing to pay applicable fees, like Teach Me To's Services Fees (and applicable Taxes, as defined below), for each Lesson. Teach Me To will deduct amounts you owe from your payout unless we agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Students must: (i) be consistent with these Terms and the information provided in your Coach Service description, and (ii) be prominently disclosed in your Coach Service description.
4.3 Independence of Coaches
As a Coach on the Teach Me To Platform, your relationship with Teach Me To is solely that of independent contracting parties. You and Teach Me To expressly agree that (i) this is not an employment agreement and does not create an employment relationship between you and Teach Me To; and (ii) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Teach Me To, and you undertake not to hold yourself out as an employee, agent or authorized representative of Teach Me To. Teach Me To does not direct or control your Coach Service, and you agree that you have complete discretion whether and when to provide Coach Services, and at what price and on what terms to offer them. You acknowledge and agree that you have complete discretion to provide the Coach Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Coach Services to other companies, and that Teach Me To does not, and shall not be deemed to, restrict you from engaging in any such activity.
5. Managing Your Coach Service
5.1 Creating and Managing Your Coach Service
The Teach Me To Platform provides tools that make it easy for you to set up and manage your Coach Service. Your Coach Service description must include complete and accurate information about your Coach Service, your price, other charges, and any rules or requirements that apply to your Students or Lessons. You are responsible for keeping your Coach Service description (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Coach Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Coach Service per skill, but may have multiple Coach Services available across multiple skills.
5.2 Know Your Legal Obligations
You are responsible for understanding and complying with any applicable laws, rules, regulations, and contracts with third parties that apply to your Coach Services or Lessons. This means, among other things, that you are legally eligible to provide Coach Services in the jurisdiction where you provide Coach Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Coach Services legally; and that when providing Coach Services, you will comply with applicable laws, rules, regulations, and contracts with third parties, such as those related to providing the Coach Services in a specific location. Any information we provide regarding legal requirements is for informational purposes only and is not legal advice. You are responsible for independently confirming your legal obligations. You are responsible for handling and using personal information of Students and others in compliance with applicable privacy laws and these Terms. If you have questions about how applicable laws, rules, and regulations apply, you should always seek legal advice.
5.3 Search Ranking
Student search parameters (e.g. number of Students, time and duration of the trip, price range),
Lesson characteristics (e.g. price, calendar availability, number and quality of images, reviews, type of Coach Service, Coach status, age of the Lesson, average Student popularity),
Student booking experience (e.g. customer service and cancellation history of the Coach, ease of booking),
Coach requirements (e.g. booking cut-off time), and
Student preferences (e.g. previous Coach Services used and Lessons, saved Coach Services, location from where the Student is searching).
5.4 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Coach Services and Lessons. You are responsible for setting your price and establishing rules and requirements for your Coach Service. You must describe any and all fees and charges in your Coach Service description and may not collect any additional fees or charges offline or otherwise outside the Teach Me To Platform. You shall not encourage Students to create third-party accounts, submit reviews, or provide their contact information outside of the Teach Me To Platform, and you shall not take Students off of the Teach Me To Platform for new, partial, or future Coach Service offerings, such as by contacting potential Students prior to booking on the Teach Me To Platform to move booking off of the Teach Me To Platform, cancelling existing bookings and having Students rebook off of the Teach Me To Platform, or encouraging students to book outside of the Teach Me To Platform for repeat or future bookings.
5.5 Coaching as a Team or Organization
If you work with a co-Coach or with other Coaches as part of a team, business, or other organization, the entity and each individual who participates in providing Coach Services is responsible and liable as a Coach under these Terms. By accepting these Terms, you represent and warrant that you are authorized to enter into contracts for and bind your co-Coach, team, business or other organization, and that any entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Teach Me To to transfer a portion of your payout to a co-Coach or other Coaches, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
5.6 Your Assumption of Risk
You acknowledge that providing the Coach Services carries inherent risks, and you agree that you assume, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Teach Me To Platform and any Content (as defined in Section 11), including offering Coach Services, conducting Lessons, or any interaction you have with other Members, whether online or offline. You agree that you have had the opportunity to investigate the Teach Me To Platform and any laws, rules, regulations, or obligations that may be applicable to your Coach Services or Lessons, and that you are not relying upon any statement made by Teach Me To. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE TEACH ME TO PLATFORM AND VOLUNTARILY PROVIDING LESSONS THROUGH THE TEACH TO ME PLATFORM WITH KNOWLEDGE OF THE RISKS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TEACH ME TO OR OTHERWISE.
6. Cancellations and Booking Modifications
6.1 Cancellations
In general, if a Student cancels a Lesson, the amount paid to you is determined by the cancellation policy that applies to your Coach Service and that Lesson. As a Coach, you should not cancel on a Student without a valid reason under these Terms or applicable law. If you cancel on a Student without such a valid reason, we may impose a cancellation fee and other consequences. If an Extenuating Circumstance arises (as determined in Teach Me To’s sole discretion on a case-by-case basis) or a Lesson is cancelled under Section 15 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Student, and by any other reasonable costs we incur as a result of the cancellation. If a Student receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Teach Me To exceeds your payout, Teach Me To may recover that amount from you, such as by offsetting the refund against your future payouts. You agree that these Terms preempt any cancellation policy you set in situations where they allow for the cancellation of a Lesson and/or the issuance of refunds to Students. If we reasonably expect to provide a refund to a Student under one of these policies, we may delay release of any payout for that Lesson until a refund decision is made.
6.2 Booking Modifications
Coaches and Students are responsible for any Booking Modifications they agree to make, either via the Teach Me To Platform or via Teach Me To customer service, and Students agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
7. Payouts; Payment Terms
All payouts are payable net 30 of the date of invoice. Any disputes regarding payouts must be communicated to Teach Me To within thirty (30) days of receipt of invoice for same. The parties will work in good faith to resolve any payout dispute within fifteen (15) days. Coach shall reimburse Teach Me To for all costs and expenses (including, without limitation, attorneys’ fees) incurred in collecting past due amounts. All payouts are net amounts and payable in full, without deduction for taxes or duties of any kind. Coach will pay or reimburse Teach Me To for all sales, use, VAT and all other taxes and duties (“Tax” or “Taxes”) which are levied or imposed arising from the purchases made under this Agreement, excluding taxes based on Teach Me To's gross or net income, property taxes, state franchise taxes, or similar taxes levied against Teach Me To.
8. Taxes
8.1 Coach Taxes
As a Coach, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable Taxes.
8.2 Collection and Remittance by Teach Me To
In jurisdictions where Teach Me To facilitates the collection and/or remittance of Taxes on behalf of Coaches, you instruct and authorize Teach Me To to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Teach Me To are identified to Coaches on their transaction records, as applicable. Teach Me To may seek additional amounts from Coaches (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Coach’s tax obligations, and you agree that your sole remedy for Taxes collected by Teach Me To is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Coaches, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Teach Me To may issue on your behalf invoices or similar documentation for Taxes for your Coach Services to facilitate accurate Tax reporting by you, our Students, and/or their organizations.
9. Insurance
As part of these Terms, and as a further benefit to Coach, Coach shall receive the full benefit of Teach Me To’s blanket liability and personal injury policies, with up to $1,000,000 in Lesson protection. Coach agrees and acknowledges that (i) Teach Me To may list Coach as an additional insured under Teach Me To's general insurance policies and (ii) Coach shall comply with all reasonable requests in connection with the foregoing. Teach Me To reserves the right to change its insurance policies in its sole discretion.
III. General Terms
10. Reviews.
After each Lesson, Students and Coaches will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms. Teach Me To does not endorse any reviews available via the Teach Me To Platform. Additionally, reviews are not verified by Teach Me To for accuracy and may be incorrect or misleading. Teach Me To reserves the right to screen, edit, or remove reviews from the Teach Me To Platform at any time.
11. Content.
The Teach Me To Platform enables Members to post, submit, publish, display, transmit, or provide (hereinafter, “post”) reviews (as discussed in Section 10), feedback, text, photos, audio, video, information, and other content (collectively, “Content”). All Content must comply with these Terms. Any Content you post to the Teach Me To Platform will be considered non-confidential and non-proprietary. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, by providing Content, in whatever form and through whatever means, you grant Teach Me To a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit that Content, without limitation, and to sublicense these rights to third parties. Where Teach Me To pays for the creation of Content or facilitates its creation, Teach Me To may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own or control all rights in or to it or are authorized to grant Teach Me To the rights described in these Terms. You are responsible for the legality, reliability, accuracy, and appropriateness of the Content, and you are responsible and liable if any of your Content violates or infringes the intellectual property rights, privacy rights, or any other rights of any third party. Teach Me To is not responsible or liable to any third party for the content or accuracy of any of the Content posted by you. You agree that Teach Me To may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Teach Me To does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
As Content is primarily generated by Members, Teach Me To does not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Members on or off the Teach Me To Platform, including any Content that may include misstatements or misrepresentations that may be defamatory or disparaging. Members hereby represent, understand, and agree to hold Teach Me To harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on the Teach Me To Platform or in any other venue.
12. Fees.
Teach Me To may charge fees (and applicable Taxes) to Coaches and Students for use of the Teach Me To Platform (“Service Fees”). Except as otherwise provided on the Teach Me To Platform, Service Fees are non-refundable. Teach Me To reserves the right to change the Service Fees at any time without notice. Service Fee changes will not affect Lesson bookings made prior to the effective date of the Service Fee change.
13. Teach Me To Platform Rules.
13.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules. You agree to:
Act with integrity and treat others with respect in all communications and interactions;
Read and comply with these Terms; and
Understand and follow the laws that apply to you, including privacy, data protection, and export laws, and honor your legal obligations.
You agree not to:
Lie, misrepresent something or someone, impersonate or pretend to be someone else, or otherwise misrepresent an affiliation with any person or organization;
Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you;
Discriminate against others based on race, gender, sex, sexual orientation, religion, nationality, disability, or age, harass others, or otherwise communicate or upload to or transmit on the Teach Me To Platform any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material, or any material that contains nudity, sexually explicit or pornographic material, violence, or discrimination;
Contact or attempt to contact any Coach through any channel except through the Teach Me To Platform, or contact or attempt to contact any Coach except for the explicit purpose of booking Lessons through the Teach Me To Platform, including in an attempt to recruit Coaches for other business opportunities or competitive platforms;
Scrape, hack, reverse engineer, compromise or impair the Teach Me To Platform, including by using bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Teach Me To Platform;
Use any automated or manual process to monitor or copy any of the material on the Teach Me To Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Probe, scan, or test the vulnerability of the Teach Me To Platform, our network, our security, or authentication measures without proper authorization;
Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Teach Me To Platform or Content, including by introducing any viruses, Trojan horses, worms, logic bombs, corrupted data, or other material that is malicious or technologically harmful;
Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Teach Me To Platform;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Teach Me To Platform, the server on which the Teach Me To Platform is stored, or any server, computer, or database connected to the Teach Me To Platform;
Use the Teach Me To Platform in any manner that could disable, overburden, damage, or impair the Teach Me To Platform or interfere with any other party’s use of the Teach Me To Platform, including their ability to engage in real time activities through the Teach Me To Platform, or take any action that could damage or adversely affect the performance or proper functioning of the Teach Me To Platform;
Use another Member’s personal information except as necessary to facilitate a transaction using the Teach Me To Platform as authorized by these Terms;
Use the Teach Me To Platform, our messaging tools, or other Members’ personal information to send commercial messages without the recipient’s express consent;
Transmit or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation;
Use Content made available through the Teach Me To Platform except as necessary to enable your use of the Teach Me To Platform as a Student or Coach;
Use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;
Request, make, or accept a Lesson booking or any payment outside of the Teach Me To Platform to avoid paying fees, Taxes, or for any other reason;
Require or encourage Students to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during, or after a Lesson, unless authorized by Teach Me To;
Engage in any practices that are intended to manipulate our search algorithm;
Book Coach Services unless you are actually using the Coach Services;
Use, copy, display, mirror or frame the Teach Me To Platform, any Content, any Teach Me To branding, or any page layout or design without our consent;
Use the name, logo, branding, or trademarks of Teach Me To or others without permission, or use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Teach Me To branding;
Violate these Terms or any other policies or agreements that you enter into with us;
Violate any applicable federal, state, local, or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others;
Promote any illegal activity or advocate, promote, or assist any unlawful act; or
Engage in any other conduct that restricts or inhibits the use of the Teach Me To Platform, or which, as determined by us in our sole discretion, may harm Teach Me To or other Members.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
Your failure to comply with the above provisions may result in the termination of your access to the Teach Me To Platform and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Teach Me To Platform, and to terminate or suspend your access to all or part of the Teach Me To Platform for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Teach Me To Platform. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
13.2 Reporting Violations.
If you believe that a Member, Coach Service, Lesson, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Teach Me To. In addition, if you believe that a Member, Coach Service, Lesson, or Content violates or has violated these Terms, you should report your concerns to Teach Me To. If you reported an issue to local authorities, Teach Me To may request a copy of that report. Except as required by law, you agree that we are not obligated to act in response to any report. We cannot review all material before it is posted on the Teach Me To Platform, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any Member or third party. We have no liability or responsibility to you or any third party for performance or nonperformance of the activities described herein.
14. Intellectual Property Rights.
The Teach Me To Platform and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Teach Me To, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that all related intellectual property rights are the exclusive property of Teach Me To, its licensors, or other providers of such material, and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any material accessed through the Teach Me To Platform except to the extent you are the legal owner of that material or as expressly permitted in these Terms. Subject to your compliance with these Terms, Teach Me To grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Teach Me To Platform on your personal device(s); and (ii) access and view the material made available on or through the Teach Me To Platform and accessible to you, solely for your personal and non-commercial use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Teach Me To Platform in breach of these Terms, your right to use the Teach Me To Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Teach Me To Platform or any content therein is transferred to you, and all rights not expressly granted are reserved by Teach Me To. Any use of the Teach Me To Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Except as expressly provided, nothing contained in these Terms or anywhere on the Teach Me To Platform shall be construed as conferring any license under any intellectual property rights of Teach Me To, its licensors or any third party.
Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
We respect the intellectual property rights of others, and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act and other applicable intellectual property laws. If you are aware of or experience any circumstances that appear to be a violation of these Terms, please inform us by contacting us as provided in Section 29.9.
Any such notice must include:
an electronic or physical signature of the owner of the copyright or trademark interest or of the person authorized to act on behalf of the owner of the copyright or trademark interest;
a description of the copyrighted work or trademark that you claim has been infringed;
a description of the location on the Teach Me To Platform of the claimed infringing material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law; and
a statement by you that the information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner’s behalf.
Upon receipt of such notice, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for a who is a repeat infringer.
15. Termination, Suspension and other Measures.
15.1 Term.
The agreement between you and Teach Me To reflected by these Terms is effective when you access the Teach Me To Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
15.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account. Teach Me To may terminate this agreement and your access to the Teach Me To Platform or your account for any reason or no reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Teach Me To may also terminate this agreement immediately and without notice and stop providing access to the Teach Me To Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Teach Me To, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
15.3 Member Violations.
If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Teach Me To believes it is reasonably necessary to protect Teach Me To, its Members, or third parties, Teach Me To may, with or without prior notice:
suspend or limit your access to or use of the Teach Me To Platform and/or your account;
suspend or remove Coach Services, Lessons, reviews, or other Content;
cancel pending or confirmed Lesson bookings; or
suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Teach Me To determines in its sole discretion, you will be given notice of any intended remediation measure by Teach Me To and an opportunity to resolve the issue. You may appeal actions taken by us under this Section 15 by contacting customer service. If a Lesson is cancelled under this Section, the amount paid to the Coach will be reduced by the amount we refund or otherwise provide to the Student, and by any other costs we incur as a result of the cancellation.
15.4 Legal Mandates.
Teach Me To may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 15.3.
15.5 Effect of Termination.
If you are a Coach and terminate your Teach Me To account, any confirmed Lesson booking(s) will be automatically cancelled, and your Students will receive a full refund. If you terminate your account as a Student, any confirmed Lesson booking(s) will be automatically cancelled, and any refund will depend upon the terms of the Coach Service cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Teach Me To Platform has been limited, your Teach Me To account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Teach Me To Platform through an account of another Member.
15.6 Survival.
Parts of these Terms that by their nature survive termination will survive termination of this agreement.
16. Modification.
Teach Me To reserves the right to modify these Terms, in its sole discretion and without advance notice, at any time. When we make material changes to these Terms, we will post the revised Terms on the Teach Me To Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Teach Me To Platform will constitute acceptance of the revised Terms, so please check this page periodically for updates.
17. Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member damaged their real or personal property (“Damage Claim”), the complaining Member can seek compensation by contacting us as provided in Section 29.9. If the complaining Member escalates a Damage Claim to Teach Me To, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Teach Me To determines in its sole discretion that the responding Member is responsible for the Damage Claim, Teach Me To can collect any sums required to cover the Damage Claim from the responding Member. You agree that Teach Me To may seek to recover from you under any insurance policies you maintain and that Teach Me To may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Teach Me To requests, execute documents, and take further reasonable action in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Coach Services.
18. Teach Me To’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Coach Services. While we work hard to ensure our Members have great experiences using Teach Me To, Teach Me To is a neutral venue for Students and Coaches, and we do not and cannot control the conduct of Students and Coaches. We make no representations or warranties regarding the quality of Coach Services, or about your interactions and dealings with other Members. Coaches listed on the Teach Me To Platform are not under the direction or control of Teach Me To, and Coaches determine in their own discretion how to provide the Coach Services. Teach Me To does not employ, recommend, or endorse Members, nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the Coach Services, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Members, whether online or offline. The Teach Me To Platform may be used to find and offer Coach Services and to facilitate payment, but all transactions conducted via the Teach Me To Platform are between Students and Coaches. You acknowledge that Teach Me To has the right, but does not have any obligation, to monitor the use of the Teach Me To Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure, and improve the Teach Me To Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Lessons that don’t meet quality and eligibility criteria. Members agree to cooperate with and assist Teach Me To in good faith, and to provide Teach Me To with such information and take such actions as may be reasonably requested by Teach Me To with respect to any investigation undertaken by Teach Me To regarding the use or abuse of the Teach Me To Platform.
19. Member Accounts.
You must register an account to access and use many features of the Teach Me To Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Teach Me To Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You represent and warrant that you are not registered or currently required to register as a sex offender with any government entity, and that you are not the subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action involving any felony; any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft or drugs; or any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Teach Me To if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
20. Consent to Electronic Communications.
When you visit the Teach Me To Platform, submit a request for help, send an email to us, create an account, or otherwise communicate with us through the Teach Me To Platform or electronically, you expressly consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication by Teach Me To or third-party service providers. This includes, but is not limited to, posting notices on the Teach Me To Platform or responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Teach Me To reserves the right, in its sole discretion, to communicate with you in paper form. You may withdraw your consent to electronic communications by contacting us as provided in Section 29.9. You may also receive emails from us for marketing purposes. No fee is charged for these emails, but third-party data rates could apply. You can control whether you receive these emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Teach Me To account. By providing your phone number, you consent to receive direct dial calls, auto-dialed calls, and pre-recorded message calls from Teach Me To. You may withdraw your consent to such calls at any time by contacting us as provided in Section 29.9. Additionally, by providing your phone number, you consent to receive text messages from Teach Me To, including text messages for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase or use of the Teach Me To Platform. You may withdraw your consent and opt out of text messages by texting “STOP” to any text message we send to you or by contacting us as provided in Section 29.9. If you opt out of receiving text messages, you will receive a single confirmation message confirming that we have received your opt-out. Note that opting out of text messages does not constitute withdrawing consent to direct dial calls, auto-dialed calls, or pre-recorded message calls, which consent must be revoked as set forth in the preceding paragraph. If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. You represent that you are the account holder for any phone number you provide. In the event you change or deactivate your phone number, you agree that you will update your account information on the Teach Me To Platform or otherwise notify us within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
21. Availability
We may periodically schedule system downtime for maintenance and other purposes, and the Teach Me To Platform may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any Member or third party whatsoever for the resulting unavailability of the Teach Me To Platform, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages. We reserve the right to terminate, withdraw, or amend the Teach Me To Platform or any portion thereof, including any product, service, or material we provide on or through the Teach Me To Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Teach Me To Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Teach Me To Platform, or to the Teach Me To Platform altogether.
22. Errors
We attempt to provide the most recent, accurate, and reliable information on the Teach Me To Platform. However, there may be occasions when information featured on the Teach Me To Platform may contain typographical errors, incomplete data, inaccuracies, or items featured on the Teach Me To Platform that are no longer available. We do not warrant that the information accessible via the Teach Me To Platform is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Teach Me To Platform. We reserve the right to correct errors and to update the Teach Me To Platform at any time, but we are under no obligation to update the Teach Me To Platform or any related content.
23. Disclaimer of Warranties
We provide the Teach Me To Platform and all Content “as is” and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Teach Me To Platform. We reserve the right, for example, to limit or eliminate access to the Teach Me To Platform in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand that we cannot and do not guarantee, endorse, or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member, Coach Service, or Lesson, and we do not warrant that verification, identity or background checks will be conducted on Members, or will identify past misconduct or prevent future misconduct if conducted. Use of the Teach Me To Platform comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Members, and we cannot guarantee that all of your interactions with other Members will always be 100% safe and respectful. You agree to assume all risks when using the Teach Me To Platform, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with Members. You also agree not to rely solely on any steps Teach Me To may take to vet or screen Members and/or their Content, or otherwise to promote the safety of the Teach Me To Platform.
We cannot guarantee that each Member is who he or she claims to be. Please use common sense when using the Teach Me To Platform, including looking at any photos of the Member you have booked with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Teach Me To Platform by persons under the age of 18 in violation of these Terms.
Teach Me To Platform is not responsible for the conduct, whether online or offline, of any Member. You are solely responsible for your interactions with other Members. By using the Teach Me To Platform, you agree to accept such risks and agree that Teach Me To is not responsible for the acts or omissions of Members.
You are responsible for the use of your account and Teach Me To expressly disclaims any liability arising from the unauthorized use of your account.
It is possible for others to obtain information about you that you provide, publish or post to or through the Teach Me To Platform, send to other Members, or otherwise share, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Members on the Teach Me To Platform. Please carefully select the type of information that you post on the Teach Me To Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Members (including unauthorized users, or “hackers”).
We do not warrant that your use of the Teach Me To Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Teach Me To Platform will be corrected, or that the Teach Me To Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Teach Me To Platform. You are responsible at all times for your conduct and the consequences of your conduct while using the Teach Me To Platform. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
24. Limitations on Liability
To the maximum extent permitted under applicable law, in no event will Teach Me To nor any other party involved in creating, producing, or delivering the Teach Me To Platform or any Content be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Teach Me To Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Teach Me To Platform, or (iv) publishing a Coach Service or booking a Lesson, including the provision or use of Coach Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Teach Me To has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed its essential purpose.
Except for our obligation to transmit payments to Coaches under these Terms, in no event will Teach Me To's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Teach Me To Platform, any Content, or any Coach Service or Lesson, exceed: (A) to Students, the amount you paid as a Student during the 12-month period prior to the event giving rise to the liability, (B) to Coaches, the amount paid to you as a Coach in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEACH ME TO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE TEACH ME TO PLATFORM, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE TEACH ME TO PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER MEMBERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO ATTEMPT TO DEFRAUD OR HARM YOU, THE CONDUCT OF ANY OTHER THIRD PARTIES, OR ENVIRONMENTAL DANGERS (SUCH AS INCLEMENT WEATHER OR ANIMAL ENCOUNTERS).
These limitations of liability and damages are fundamental elements of the agreement between you and Teach Me To. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you, and you may have additional rights.
25. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Teach Me To's option), indemnify, and hold Teach Me To, its licensors and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access, use, or misuse of the Teach Me To Platform; (ii) your Content, including any allegation that your Content infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature); (iv) your interaction with any Member (online or offline) or participation in or use of any Coach Service or Lesson, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use; (v) your failure, or our failure at your direction, to accurately report, collect or remit Taxes; (vi) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights; (vii) your negligent conduct; and/or (viii) any other activities in connection with the Teach Me To Platform and Coach Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Teach Me To’s prior written consent, agree to any settlement on behalf of any indemnified party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any indemnified party.
26. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Teach Me To Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
27. United States Governing Law and Venue
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 28 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
28. United States Dispute Resolution and Arbitration Agreement
28.1 Application. This Arbitration Agreement (as defined below) only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Teach Me To in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 28 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
28.2 Overview of Dispute Resolution Process. Teach Me To is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 28 applies: (1) an informal negotiation directly with Teach Me To's customer service team (described in Section 28.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Teach Me To each retain the right to seek relief in small claims court as an alternative to arbitration.
28.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Teach Me To each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Teach Me To by mailing it to Teach Me To's agent for service: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Teach Me To will send its notice of dispute to the email address associated with your Teach Me To account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
28.4 Agreement to Arbitrate. You and Teach Me To mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Teach Me To Platform, Coach Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Teach Me To agree that the arbitrator will decide that issue.
28.5 Exceptions to Arbitration Agreement. You and Teach Me To each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 27): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Teach Me To agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
28.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
28.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Teach Me To agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
28.8 Modification of AAA Rules - Attorney's Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Teach Me To will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, crossclaim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
28.9 Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
28.10 Jury Trial Waiver. You and Teach Me To acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
28.11 No Class Actions or Representative Proceedings. You and Teach Me To acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
28.12 Severability. Except as provided in Section 28.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
28.13 Changes to Agreement to Arbitrate. If Teach Me To changes this Section 28 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Teach Me To (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Teach Me To.
28.14 Survival. Except as provided in Section 28.12 and subject to Section 15.6, this Section 28 will survive any termination of these Terms and will continue to apply even if you stop using the Teach Me To Platform or terminate your Teach Me To account.
29. Miscellaneous
29.1 Other Terms Incorporated by Reference. Any supplemental policies and terms linked to in these Terms apply to your use of the Teach Me To Platform, are incorporated by reference, and form part of your agreement with Teach Me To.
29.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Teach Me To and you pertaining to your access to or use of the Teach Me To Platform and supersede any and all prior oral or written understandings or agreements between Teach Me To and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Teach Me To. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 28.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
29.3 No Waiver. Teach Me To's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
29.4 Assignment. You may not assign, transfer or delegate these Terms or your rights and obligations hereunder without Teach Me To's prior written consent. Teach Me To may, without restriction, assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
29.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Teach Me To via email, Teach Me To Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.
29.6 Third-Party Services. The Teach Me To Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Such Third-Party Services are not under our control, and we are not responsible for the availability of such Third-Party Services or their contents. Any links provided on the Teach Me To Platform are provided for your interest or convenience only and do not represent or imply any endorsement by Teach Me To of any such linked Third-Party Services. You acknowledge that the use of such Third-Party Services is governed by the terms and conditions applicable to any such Third-Party Service, and if you decide to access any such Third-Party Service, you do so entirely at your own risk and subject to the terms and conditions of use for each such Third-Party Service.
29.7 Google Terms. Some translations on the Teach Me To Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Teach Me To Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
29.8 Force Majeure. Teach Me To shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
29.9 Contact Us. If you have any questions about these Terms, please email us at support@teachme.to or call us at 650-900-3835.