Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Unschool.school Platform, you agree to comply with and be bound by these Terms.
Please note: Section 14 of these Terms contains an arbitration clause and class action waiver that applies to all Unschool.school Members.
Last Updated: February 4, 2020
Thank you for using Unschool.school!
These Terms constitute a legally binding agreement ("Agreement") between you and Unschool.school (as defined below) governing your access to and use of the Unschool.school website, including any subdomains thereof, and any other websites through which Unschool.school makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Unschool.school Services"). The Site, Application and Unschool.school Services together are hereinafter collectively referred to as the “Unschool.school Platform”.
When these Terms mention “Unschool.school” “we,” “us,” or “our,” it refers to the Unschool.school, Inc., a Delaware company, 100 Summer Street, Boston, MA 02110.
1. Scope of Unschool.school Services
1.1 The Unschool.school Platform is an online marketplace and platform that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer educational services are “Educators” and the services they offer are “Educational Services”) to publish such Educational Services on the Unschool.school Platform (“Class” or “Classes”) and to communicate and transact directly with Members that are seeking such Educational Services (Members using Educational Services are “Learners”).
1.2 As the provider of the Unschool.school Platform, Unschool.school does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Classes or Educational Services. Educators alone are responsible for their Classes and Educational Services. When Members make or accept a class, they are entering into a contract directly with each other. Unschool.school is not and does not become a party to or other participant in any contractual relationship between Members, nor is Unschool.school a real estate broker or insurer. Unschool.school is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Unschool.school has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Classes or Educational Services, (ii) the truth or accuracy of any Class descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Unschool.school does not endorse any Member, Class or Educational Services. Any references to a Member being "verified" (or similar language) only indicates that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Unschool.school about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding to participate in a Class or use other Educational Services, accept a Class request from a Member or Learner, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Unschool.school Platform as an Educator (as defined below), your relationship with Unschool.school is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Unschool.school for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Unschool.school. Unschool.school does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Educational Services. You acknowledge and agree that you have complete discretion whether to list Educational Services or otherwise engage in other business or employment activities.
1.5 To promote the Unschool.school Platform and to increase the exposure of Classes to potential Learners, Classes and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Classes and other Member Content may be translated, in whole or in part, into other languages. Unschool.school cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Unschool.school Platform may contain translations 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.
1.6 The Unschool.school Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Unschool.school is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Unschool.school of such Third-Party Services.
1.7 Due to the nature of the Internet, Unschool.school cannot guarantee the continuous and uninterrupted availability and accessibility of the Unschool.school Platform. Unschool.school may restrict the availability of the Unschool.school Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Unschool.school Platform. Unschool.school may improve, enhance and modify the Unschool.school Platform and introduce new Unschool.school Services from time to time.
2. Eligibility, Using the Unschool.school Platform, Member Verification
2.1 In order to access and use the Unschool.school Platform or register an Unschool.school Account you must be an individual at least 18 years old and have the capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving the Educational Services or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 Unschool.school may make access to and use of the Unschool.school Platform, or certain areas or features of the Unschool.school Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Unschool.school Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Unschool.school Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Unschool.school Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter
3. Modification of these Terms
Unschool.school reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Unschool.school Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Unschool.school Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Unschool.school Account") to access and use certain features of the Unschool.school Platform, such as publishing or booking a Class. If you are registering an Unschool.school Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Unschool.school Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
4.3 You must provide accurate, current and complete information during the registration process and keep your Unschool.school Account and public Unschool.school Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Unschool.school Account unless Unschool.school authorizes you to do so. You may not assign or otherwise transfer your Unschool.school Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Unschool.school Account credentials and may not disclose your credentials to any third party. You must immediately notify Unschool.school if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Unschool.school Account. You are liable for any and all activities conducted through your Unschool.school Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Unschool.school may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Unschool.school Account. For example, we may enable Members to link their Unschool.school Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Classes on behalf of other Members. These features do not require that you share your credentials with any other person. No third party is authorized by Unschool.school to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Unschool.school may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Unschool.school Platform ("Member Content"); and (ii) access and view Member Content and any content that Unschool.school itself makes available on or through the Unschool.school Platform, including proprietary Unschool.school content and any content licensed or authorized for use by or through Unschool.school from a third party ("Unschool.school Content" and together with Member Content, "Collective Content").
5.2 The Unschool.school Platform, Unschool.school Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Unschool.school Platform and Unschool.school Content, including all associated intellectual property rights, are the exclusive property of Unschool.school and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Unschool.school Platform, Unschool.school Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Unschool.school used on or in connection with the Unschool.school Platform and Unschool.school Content are trademarks or registered trademarks of Unschool.school in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Unschool.school Platform, Unschool.school Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Unschool.school Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Unschool.school or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Unschool.school grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Unschool.school Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Unschool.school may offer Educators the option of having professional photographers take photographs of their Educational Services, which are made available by the photographer to Educators to include in their Classes with or without a watermark or tag bearing the words "Unschool.school.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Educational Services are accurately represented in the Verified Images and you will stop using the Verified Images on or through the Unschool.school Platform if they no longer accurately represent your Class, if you stop the Educational Services featured, or if your Unschool.school Account is terminated or suspended for any reason. You acknowledge and agree that Unschool.school shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Class or otherwise, without further notice or compensation to you. Where Unschool.school is not the exclusive owner of Verified Images, by using such Verified Images on or through the Unschool.school Platform, you grant to Unschool.school an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Class or otherwise, without further notice or compensation to you. Unschool.school in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Unschool.school Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Unschool.school Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Unschool.school Platform or you have all rights, licenses, consents and releases that are necessary to grant to Unschool.school the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Unschool.school's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Unschool.school policy. Unschool.school may, without prior notice, remove or disable access to any Member Content that Unschool.school finds to be in violation of applicable law, these Terms or Unschool.school’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Unschool.school, its Members, third parties, or property.
5.9 Unschool.school respects copyright law and expects its Members to do the same. If you believe that any content on the Unschool.school Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 Unschool.school may charge fees to Educators ("Educator Fees") and/or Learners ("Learner Fees") (collectively, "Service Fees") in consideration for the use of the Unschool.school Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Educator or Learner prior to publishing or booking a Class. Unschool.school reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Unschool.school. The applicable Service Fees (including any applicable Taxes) are collected by Unschool.school. Unschool.school will deduct any Educator Fees from the Class Fee before remitting the payout to the Educator. Any Learner Fees are included in the Total Fees collected by Unschool.school. Except as otherwise provided on the Unschool.school Platform, Service Fees are non-refundable.
6.4 Unschool.school charges an Educator Fee equal to 20% of the Class Fee. Unschool.school will deduct the Educator Fee from the Class Fee before remitting the payout to the Educator, through PayPal following the completion of a Class. Educators are expected to have a PayPal account and to include their PayPal address in their Educator profile.
7. Terms specific for Educators
7.1 Terms applicable to all Classes
7.1.1 When creating a Class through the Unschool.school Platform you must (i) provide complete and accurate information about your Educational Services (such as Class description, location, and calendar availability), (ii) disclose any requirements that apply (such as any minimum age, proficiency requirements) and (iii) provide any other pertinent information requested by Unschool.school. You are responsible for keeping your Class information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges) for your Class (“Class Fee”). Once a Learner requests a booking of your Class, you may not request that the Learner pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Class, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Class.
7.1.4 The placement and ranking of Classes in search results on the Unschool.school Platform may vary and depend on a variety of factors, such as Learner search parameters and preferences, Educator requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Educational Services, and/or ease of booking.
7.1.5 When you accept or have pre-approved a booking request by a Learner, you are entering into a legally binding agreement with the Learner and are required to provide your Educational Services(s) to the Learner as described in your Class when the booking request is made. You also agree to pay the applicable Educator Fee and any applicable Taxes.
7.1.6 Unschool.school recommends that Educators obtain appropriate insurance for their Educational Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Learners (and the individuals the Learner has booked for, if applicable) while participating in your Class or other Educational Services.
7.2.1 You represent and warrant that any Class you post or other Educational Services will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Educator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the Class at your request or invitation.
8. Terms specific for Learners
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Unschool.school and/or the Educator, you can book a Class available on the Unschool.school Platform by following the respective booking process. All applicable fees, including the Class Fee, Learner Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Class. You agree to pay the Total Fees for any booking requested in connection with your Unschool.school Account.
8.1.2 Upon receipt of a booking confirmation from Unschool.school, a legally binding agreement is formed between you and your Educator, subject to any additional terms and conditions of the Educator that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Class. Unschool.school will collect the Total Fees at the time of the booking request or upon the Educator’s confirmation.
8.1.3 If you book Educational Services on behalf of additional Learners, you are required to ensure that every additional Learner meets any requirements set by the Educator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Educator. If you are booking for an additional Learner who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.
9. Prohibited Activities
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Unschool.school Platform. In connection with your use of the Unschool.school Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Unschool.school Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Unschool.school endorsement, partnership or otherwise misleads others as to your affiliation with Unschool.school;
use the Unschool.school Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer, as an Educator, any meeting space that you do not yourself own or have permission to make available through the Unschool.school Platform;
unless Unschool.school explicitly permits otherwise, book any Class if you will not actually be using the Educational Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Class, or the Member's use of the Unschool.school Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Unschool.school Platform to request, make or accept a booking independent of the Unschool.school Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Class Fees outside of the Unschool.school Platform . If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Unschool.school harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
use, display, mirror or frame the Unschool.school Platform or Collective Content, or any individual element within the Unschool.school Platform, Unschool.school's name, any Unschool.school trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Unschool.school Platform, without Unschool.school's express written consent;
dilute, tarnish or otherwise harm the Unschool.school brand in any way, including through unauthorized use of Collective Content, registering and/or using Unschool.school or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Unschool.school domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Unschool.school Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Unschool.school or any of Unschool.school's providers or any other third party to protect the Unschool.school Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Unschool.school Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Unschool.school Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.2 You acknowledge that Unschool.school has no obligation to monitor the access to or use of the Unschool.school Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Unschool.school Platform (including without limitation 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) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Unschool.school in good faith, and to provide Unschool.school with such information and take such actions as may be reasonably requested by Unschool.school with respect to any investigation undertaken by Unschool.school or a representative of Unschool.school regarding the use or abuse of the Unschool.school Platform.
9.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Unschool.school by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
10. Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Unschool.school terminate the Agreement in accordance with this provision.
10.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Unschool.school Account as an Educator, any confirmed booking(s) will be automatically cancelled and your Learners will receive a full refund. If you cancel your Unschool.school Account as a Learner, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Class’s cancellation policy.
10.3 Without limiting our rights specified below, Unschool.school may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
10.4 Unschool.school may immediately, without notice, terminate this Agreement and/or stop providing access to the Unschool.school Platform if (i) you have materially breached your obligations under these Terms, or our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Unschool.school believes in good faith that such action is reasonably necessary to protect the personal safety or property of Unschool.school, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
10.5 In addition, Unschool.school may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, or our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Unschool.school Account registration, Class process or thereafter, (iv) you and/or your Classes or Educational Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Unschool.school otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Unschool.school believes in good faith that such action is reasonably necessary to protect the personal safety or property of Unschool.school, its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to delete or delay any Classes, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Unschool.school Platform;
temporarily or permanently revoke any special status associated with your Unschool.school Account;
temporarily or in case of severe or repeated offenses permanently suspend your Unschool.school Account and stop providing access to the Unschool.school Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Unschool.school and an opportunity to resolve the issue to Unschool.school's reasonable satisfaction.
10.6 If we take any of the measures described above (i) we may refund your Learners in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
10.7 When this Agreement has been terminated, you are not entitled to a restoration of your Unschool.school Account or any of your Member Content. If your access to or use of the Unschool.school Platform has been limited or your Unschool.school Account has been suspended or this Agreement has been terminated by us, you may not register a new Unschool.school Account or access and use the Unschool.school Platform through an Unschool.school Account of another Member.
10.8 Sections 5 and 11 to 16 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Unschool.school Platform or Collective Content, you do so voluntarily and at your sole risk. The Unschool.school Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Unschool.school Services, laws, rules, or regulations that may be applicable to your Classes and/or Educational Services you are receiving and that you are not relying upon any statement of law or fact made by Unschool.school relating to a Class.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Classes or Educational Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Class or Educational Services. If you are bringing a minor as a Learner, you are solely responsible for the supervision of that minor throughout the duration of your Class or Educational Services and to the maximum extent permitted by law, you agree to release and hold harmless Unschool.school from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Class or Educational Services or in any way related to your Class or Educational Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Unschool.school Platform and Collective Content, your publishing or booking of any Class or Educational Services via the Unschool.school Platform, participation in any Class or Educational Services or use of any other Educational Services, or any other interaction you have with other Members whether in person or online remains with you. Neither Unschool.school nor any other party involved in creating, producing, or delivering the Unschool.school Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or 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) from the use of or inability to use the Unschool.school Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Unschool.school Platform, or (iv) from your publishing or booking of a Class, including the provision or use of Educational Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Unschool.school has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Unschool.school’s aggregate liability arising out of or in connection with these Terms and your use of the Unschool.school Platform including, but not limited to, from your publishing or booking of any Classes via the Unschool.school Platform, or from the use of or inability to use the Unschool.school Platform or Collective Content and in connection with any Educational Services, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Unschool.school Platform as a Learner in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Educator, the amounts paid by Unschool.school to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Unschool.school and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Unschool.school’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Unschool.school’s option), indemnify, and hold Unschool.school and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 breach of these Terms or our Policies or Standards, (ii) your improper use of the Unschool.school Platform or any Unschool.school Services, (iii) your interaction with any Member, participation in a Class or Educational Services, 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, (iv) or your breach of any laws, regulations or third party rights.
14. Dispute Resolution and Arbitration Agreement
14.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Unschool.school in the United States (to the extent not in conflict with Section 15).
14.2 Overview of Dispute Resolution Process. Unschool.school 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 Section 14.1 applies: (1) an informal negotiation directly with Unschool.school’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 14 and except as provided in Section 14.6). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
14.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Unschool.school each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Unschool.school’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
14.4 Agreement to Arbitrate. You and Unschool.school 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 to the use of the Unschool.school Platform, the Educational Services, or the Collective 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 Unschool.school agree that the arbitrator will decide that issue.
14.5 Exceptions to Arbitration Agreement. You and Unschool.school each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
14.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the 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 or by calling the AAA at 1–800–778–7879.
14.7 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 declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
14.8 Jury Trial Waiver. You and Unschool.school acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
14.9 No Class Actions or Representative Proceedings. You and Unschool.school 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 proceeding as to all Disputes. Further, unless you and Unschool.school both otherwise 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 the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 14.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 14.9 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Unschool.school agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
14.10 Severability. Except as provided in Section 14.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
14.11 Survival. Except as provided in Section 14.10 and subject to Section 10.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Unschool.school Platform or terminate your Unschool.school Account.
15. Applicable Law and Jurisdiction
15.1 These Terms will be interpreted in accordance with the laws of the Commonwealth of Massachusetts 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 14 must be brought in state or federal court in Boston, Massachusetts, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boston, Massachusetts.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Unschool.school and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Unschool.school and you in relation to the access to and use of the Unschool.school Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and Unschool.school as a result of this Agreement or your use of the Unschool.school Platform.
16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.5 Unschool.school’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.
16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Unschool.school's prior written consent. Unschool.school may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Unschool.school via email, Unschool.school Platform notification, or messaging service.
16.8 If you have any questions about these Terms please email us.