You may not use our services when and where prohibited. Our services are prohibited to anyone under the age of majority unless a legal guardian, an adult or parent provides their consent to this Agreement.
Tutors can only teach to underage students when an adult, guardian or parent is present. Similarly, students under the age of majority may not avail themselves of any lesson without the presence of an adult, parent or legal guardian.
Use of our Services posits that you have not been involved in or convicted of any criminal misconduct, including criminal or civil restraining orders, registration as a sex-offender, misdemeanor, felony criminal convictions or any pending legal action which involves violence or moral corruption offenses.
HOW THE SERVICE WORKS
Uplift Future Academics is an Academy that connects Tutors and Students and facilitates online or face-to-face tutoring sessions between students and tutors. At Uplift Future Academics, the Tutors are self-employed entities recruited by Students. Students can access a large database of Tutors, specializing in tutoring different subjects and courses. Students assess the Tutors after every session, provide feedback, and this makes Uplift Future Academics a trustworthy and transparent online medium. Further, Uplift Future Academics provides mentoring to the Tutors to ensure students get quality instruction.
INDEPENDENT CONTRACTOR STATUS
The Tutors’ services are distinct and isolated from the services of Uplift Future Academics. The Tutors are independent contractors who are employed by the Students. Uplift Future Academics only serves to connect Students and Tutors and does not take any responsibility for the services of the Tutors. We neither recommend the Tutors nor take any responsibility for service. We do not guarantee your safety and have no say in your relationship with the Tutors. It is the students’ responsibility to show carefulness in hiring Tutors.
5. CODE OF CONDUCT
Use our platform for any illegal objectives.
Disseminate content, images, language, or information that is illegal, indecent, threatening, libelous, defamatory, fraudulent, objectionable, or is the intellectual property of a third party.
Impart private information about the company unless you have complete permission to do so.
Convey advertisements or any commercial communication without the express permission of Uplift Future Academics.
Take part in spamming.
Cause disruption in lessons.
Talk on topics related to profanity or sexual conduct.
Transmit viruses, malware or any irrelevant software/information that can cause hindrance or harm.
Make offers of employment to Tutors or seek their contractor services.
Adapt, adjust, sell, reverse engineer, translate, sublicense or distribute any part of our Website or Services.
Access or index our data or reproduce the structure or layout of our Website or a portion of it using any method such as spider, robot, site search/retrieval application or through any automatic or manual devices/processes.
Allow another party access to your account without our express approval or permit someone to use your account to avail of our Services after we terminated their account.
Uplift Future Academics reserves the right to revoke its Services at any time for any reason without providing any rationale. Further, unlawful or unauthorized use of our Services can result in criminal prosecution.
Uplift Future Academics pays its Tutors through the installments made by the Students. Students are required to keep up a verified and valid form of payment with Uplift Future Academics to facilitate the payments to Tutors. Mentors have to adhere to the stipulations put forward in the Independent Contracting Agreement.
Uplift Future Academics neither validates nor invalidates the information provided by Tutors and Students. It is the sole responsibility of the users to conduct background checks on other users and confirm their eligibility.
We recommend GoodHire (www.goodhire.com) for running background checks, and students may contact them and purchase background checks on the Tutors. GoodHire provides services such as checking the National Criminal Records and Sex Offender Watch List and traces Address History and Social Security Number. If Tutors do not agree to background checks, they can be removed from our Website. Similarly, we possess the right to remove Tutors from our Website after reviewing their background report.
Uplift Future Academics holds no responsibility for the validity of the background checks carried out by GoodHire.
Uplift Future Academics does not accept any responsibility for evaluating or validating the truthfulness, accuracy or validity of any information or content posted by its Users. We are not liable for ensuring adherence to any rules, regulations, applicable laws or the terms of this Agreement. The locations where tutoring services may be provided are not inspected by us, and we do not accept any responsibility for either the online or offline behavior of the Users who avail of our Services. Uplift Future Academics, our employees, affiliates, advertisers or agents are not liable, under any circumstances, for any loss, injury or death, which may result from someone’s use of our Services or Website. Similarly, we are not accountable for the content posted on our Website and transmitted to users or the communication and interactions that take place, in any capacity and through any medium, between our Users. Furthermore, we neither promise nor guarantee any result from the use of our Services.
We may provide you direct or indirect links to third-party websites. However, we do not endorse any of these websites and exercise no control over them. Thus, we do not assume any responsibility in association with these third-party sites. It is up to you to determine whether to access a third-party site or not and to ensure your privacy and protect your information on these sites.
Be careful when selecting the type of information you post on our Website or when sharing content through our Services. We cannot ensure that our Services are being accessed by Students over the age of majority, nor do we accept any accountability for the use of our Services, communication, or otherwise accessing content by underage Students by violating our Terms and Conditions. It is a possibility that Users make use of our Services to post offensive and indecent content and that you may be exposed to such content. Similarly, through the use of our Services, Users may access your personal information and try to intimidate or harass you. We are not answerable for such usage of the information you disclose while accessing our Services.
We are not liable for any actions and omissions of the Users, whatever their form might be, and whether they occur through the use of our Website and Services or without them.
Our Website and its contents, including the content uploaded by us, by our Tutors or any other materials provided through our Services are made available to you “As Is,” without providing any kind of warranty, and we expressly disclaim all such warranties, to the full extent permissible by law, whether they are explicit or implicit, and include, but are not limited to, warranties of non-infringement, fitness, accuracy, availability, suitability or merchantability.
ARBITRATION AND GOVERNING LAW
A. Applicable Law
You agree that, excepting what is stated in this Agreement, any concern or dispute that may arise between you and Uplift Future Academics, and this Agreement, will fall under the jurisdiction of the state of Georgia, disregarding the conflict of laws principle, except where the laws are preempted by, or found to be conflicting with, the federal law.
B. Agreement to Arbitrate
I. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Uplift Future Academics agree to only bring claims against each other on an individual basis, and not make any claims as a plaintiff or as belonging to a purported class or proceeding or representative action. Unless both you and Uplift Future Academics agree otherwise, the arbitrator will not combine or consolidate more than one party’s claims, and will not preside over any representative, consolidated or class proceeding. Moreover, any type of relief provided by the arbitrator should only be in favor of the individual person or party that seeks relief and only to that extent that has been necessitated by the individual party’s claims. The other Users cannot be affected by the providence of any relief.
II. Arbitration Procedures
As compared to lawsuits that are held in courts, arbitration is more informal. It involves the use of a neutral arbitrator in place of judge and jury. An arbitration award has quite a limited court review. Still, an arbitrator, on an individual basis, has the authority to award the same relief and damages that a formal lawsuit can award to an individual. It is the arbitrator’s responsibility to apply the terms and conditions of this Agreement in the same manner as a court would. The arbitrator decides on all issues, except where there is legal prohibition.
The arbitration will be carried out by the American Arbitration Association (“AAA”). The arbitration will be carried out under the rules and postulations of the AAA, subject to modification by this Agreement to Arbitrate. The rules of the AAA can be read at their Website www.adr.org. This provision’s use of the word “arbitrator” may not be read to mean that there will be only one arbitrator or that there cannot be more than one arbitrator to preside over the arbitration. The number of arbitrators that will preside over the arbitration held under this Agreement to Arbitration will be decided according to the AAA’s rules.
The party seeking arbitration is bound to first send the other party a written Notice of Dispute (“Notice”) by verified mail. This Notice has to describe the nature and basis of the claims that the party is asserting and the relief that it is seeking. The Notice to Uplift Future Academics should be sent to Uplift Future Academics, Attn: Litigation Department, Re: Notice of Dispute, Uplift Future Academics LLC. Uplift Future Academics will send any Notice to you on the physical address that we have in our database associated with your Uplift Future Academics account; you are required to responsibly keep Uplift Future Academics updated with your physical address.
After sending the Notice, if you and Uplift Future Academics are unable to resolve the claims asserted in the Notice for 30 days, either party may begin the arbitration process. The AAA site provides a form for starting the arbitration process. The party initiating the arbitration must not only fill the form but also send a copy of the filled form to the other party, in accordance with the rules of the AAA. You can send a copy of the said form to Uplift Future Academics at Uplift Future Academics, Attn: Litigation Department, Re: Notice of Dispute, Uplift Future Academics LLC. If, on the other hand, Uplift Future Academics initiates the arbitration process, it will send a copy of the form at the physical address associated with your Uplift Future Academics account. If you or Uplift Future Academics makes a settlement offer, it will not be revealed to the arbitrator.
The location of the arbitration hearing will be decided, keeping in mind the convenience of both parties. If the relief value sought after is equal to, or less than $10,000, either one of the parties may ask for the hearing to take place via telephone or written submissions. This election will be binding on you and Uplift Future Academics, provided that the arbitrator does not require an in-person meeting if circumstances warrant. If an in-person meeting is held, you or Uplift Future Academics may attend by telephone, unless the arbitrator asks for your physical presence.
The arbitrator will take decisions on the claims brought forward in the light of relevant law, and will also honor principles of equity, and the claims of privilege backed by law. Previous rulings in arbitrations involving different users do not bound the arbitrator, but rulings in prior arbitrations that involve the same Uplift Future Academics user, bind the arbitrator to the degree required by relevant law. The arbitrator’s decision will be ultimate and legally binding, and judgment on this decision may be entered in a court which has jurisdiction over it.
III. Costs of Arbitration.
All filing and administration costs and payment of the arbitrator fees will be subject to the laws of the AAA unless this Agreement to Arbitrate states otherwise. If the arbitrator reaches the decision that your claims are frivolous, you will pay back to Uplift Future Academics all the costs that it paid on your behalf in the arbitration process, which you would have had to pay under the rules of the AAA.
Excepting the provisions in the section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” in the event that a court or an arbitrator declares that a certain part of this Agreement to Arbitrate is invalid, the remaining parts of the Agreement to Arbitrate will still be applicable. If, however, an arbitrator or court declares any of the provisions in the aforementioned section to be invalid, all of the Agreement to Arbitrate will be null and void. The remaining part of the Agreement will still be applicable.
V. Future Amendments to the Agreement to Arbitrate.
C. Judicial Forum for Legal Disputes.
In case an arbitrator or court finds that the Agreement to Arbitrate does not apply to you or a certain dispute, you give consent for the matter of dispute between you and Uplift Future Academics to be taken up by a federal or state court located in Fulton County, Georgia unless you and Uplift Future Academics agree otherwise. To resolve such disputes, you and Uplift Future Academics agree to accept the authority of the courts located within Fulton, Georgia.
RELEASES AND INDEMNIFICATION
If you have a dispute with any of our members, the users of our services or any third-party site that links to or interacts with our Website or our services, or our social media sites, you agree to release and permanently discharge Uplift Future Academics and our directors, officers, agents, employees, and all other persons related to us from any and all claims, demands, rights, complaints, proceedings, causes of action, liabilities, legal fees, costs, obligations, and disbursements of whatever nature, which may be known or unknown and are connected with or arise from, now or afterward, with such dispute or your use of our Services and Website.
You agree to defend, indemnify, and hold unaccountable Uplift Future Academics from and against any/all costs and liabilities which are incurred by the indemnified parties in any connection with a claim that may arise from your use of our Services, our Website, or in any other way related the business we run (which includes, but is not limited to, any real or potential transaction, communication or dispute between you and any other User or third-party), any content that you post or which is posted on your behalf or is posted by any other user of your account on our Website, the use of service/s provided by a third party, the use of any service or tool provided by us which interacts with a third party, including all social media sites or your breach of any of these terms or the warranties, representations and agreements that you have made herein, which includes but is not limited to, the fees and costs of attorneys. Your full, but reasonable, cooperation is required in defense of any claim. We have the exclusive right to assume the absolute defense and control of a matter which might be subject to indemnification by you, and you do not have the right, under any circumstance, to settle a dispute without our written permission. This section will still be applicable, and enforceable should the Agreement terminate.
RIGHT TO USE YOUR CONTENT
Uplift Future Academics is free to use any content submitted by users, including but not limited to, profile content, pictures and reviews, in a variety of ways, which includes using, copying, publicly displaying, modifying, reproducing and distributing, translating, removing, commercializing and preparing derivative work. You consent to grant us irrevocable, non-exclusive, worldwide, royalty-free, transferable, assignable and sublicensable rights to use your content as we see fit. Thus, you renounce any and all claims against Uplift Future Academics with regards to your content.
If web content infringes on the rights of copyright owners, the U.S. Copyright law, under the Digital Millennium Copyright Act of 1988, provides the owners the right to demand compensation or payment. You are not allowed to post, reproduce or distribute any copyrighted material, proprietary information or trademarks in any way unless you have the express, written permission of the legal owner of the said proprietary rights.
Uplift Future Academics contains information proprietary to us, our users and partners. Moreover, we proclaim full copyright protection. The information that is posted by us, our partners or our users is to be protected, whether it is declared proprietary or not. You accept that you will not distribute, copy or modify such information in any manner until and unless you have the prior written consent of the owner of that information.
If the rights or remedies granted by this Agreement are not enforced by one party, that does not mean the rights or remedies for any other failure or breach by the other party can be waived. If we relinquish or waive some requirement at a certain instance, it is not to be read as a general waiving of that requirement, and it will not amend this Agreement. If a part of this Agreement is found to be invalid or inapplicable, then that part will be interpreted in light of relevant and applicable laws ensuring to meet as closely as possible, the initial intentions of the parties. Moreover, the remaining parts of the Agreement will remain fully effective. Within this Agreement, and in the documents that this Agreement references, the contract between you and us regarding the use of our Services and our Website is present. This Agreement binds the parties to this document, and their successors and assigns.