BY USING, VIEWING, BROWSING, ACCESSING, OR SUBMITTING ANY CONTENT OR MATERIAL ON THE SITE OR APPS, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU: (i) ARE EIGHTEEN (18) YEARS OLD OR OLDER (OR ARE USING THE SERVICES WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN IF YOU ARE A STUDENT UNDER THE AGE OF 18); AND (ii) HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS AND COMMIT TO ABIDE BY ALL THERE TERMS AND CONDITIONS HEREOF.
1. Description of Services.
The Services provide Users with an online marketplace that connects Tutors with Students. Edbee does not create, review, or promote any lessons or tutoring provided on the Services. Tutors determine, are responsible for, and control the methods, materials, scheduling, frequency, duration, and all other aspects of the lessons and tutoring they provide.
Students may use the Services to search for Tutors and to schedule tutoring sessions with Tutors. The pricing and refund policy of each Tutor’s lessons are set by the providing Tutor. Students are responsible for selecting the right Tutor for their needs. Prior to hiring a Tutor, Students should review each Tutor’s self-reported credentials, education, and experience, as well as reviews from other students.
Edbee controls and operates the Services from various locations in the United States and makes no representation that this website is accessible in all locations. The Services may not be available in your location, and all available Services may vary among locations.
2. Eligibility to Use the Services.
In addition to the representations and warranties made in paragraph three above, by using the Services or registering for the Services, Tutors represent and warrant that they: (i) are at least eighteen (18) years of age; (ii) are permitted to legally work within the United States; (iii) have never been the subject of a complaint, restraining order, or any other legal action involving sexual misconduct, harassment, violence, abuse, neglect, fraud, or theft; (iv) have never been arrested for, charged with, or convicted of any felony or other criminal offense involving sexual misconduct, harassment, violence, abuse, neglect, fraud, theft, or any other offense that involves endangering the safety of others, dishonesty, criminal negligence, or substance abuse; and (v) are not registered, or currently required to register, as a sex offender with any government entity.
Any use of the Services are void where prohibited by law. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services.
3. Verification Checks.
EDBEE DOES NOT PERFORM VERIFICATION CHECKS. EDBEE DOES NOT REPRESENT OR WARRANT THE SECURITY, ACCURACY, OR USAGE OF ANY INFORMATION SUBMITTED FOR A VERIFICATION CHECK NOR THE SECURITY, ACCURACY, OR USAGE OF ANY RESULT OF A VERIFICATION CHECK. YOU USE THE SERVICES AT YOUR OWN RISK.
Although Edbee does not require Tutors to provide verification checks, we strongly encourage all Tutors to submit to them upon registration as a means of validating their identity and eligibility. Verification checks may include, but are not limited to: (i) Criminal background checks; (ii) Sex offender registry checks; (iii) Identification checks; (iv) Credit checks; (v) Employment checks; (vi) Education checks; and (vii) Searches from other public records
If you elect to not have verification checks performed, an icon will appear on your tutor page that shows that you have yet to be vetted by a check. Conversely, all Tutors who have submitted themselves to verification checks will have an icon appear on their tutor page that shows they have been vetted by a check.
If a request for a verification check of a Tutor is made, the Tutor has seven (7) days to comply.
We have partnered with Checkr to provide our Users with verification checks. We are not responsible for the security, accuracy, or usage of any information submitted to Checkr, nor do we represent or warrant that reports from Checkr will be accurate. Please review their policies before requesting, authorizing, or submitting information for a verification check. Any User or Edbee may request a background check of any tutor. The party requesting the background check will first pay all applicable fees listed to Edbee.
The results of verification checks will be reported to Edbee. If a Tutor fails a verification check or refuses to provide the background check, Edbee will delist the Tutor’s account, and notify any and all Users that has received tutoring or was scheduled to receive tutoring from that Tutor of the delisting and results of the verification check. Tutor must immediately cancel and refund any upcoming appointments the Tutor has with any other Users. A Tutor may dispute the results or any inaccurate reportings to Checkr (https://www.checkr.com). If a dispute results in a change of status from fail to pass, Edbee will reactivate the Tutor’s account and notify all Users who have received tutoring or were scheduled to receive tutoring from the Tutor of reinstatement. Verification checks may not search all federal, state, or county records. Offenses committed as a minor or committed outside the United States may also not be reported.
4. User Registration and Accounts.
Account Sign Up. Although you may browse the Services without registering for an account, all Users will need to first register with the Site or Apps in order to use the Services. Users may register for the Services by visiting the Site and following the Site’s instructions and prompts or by downloading an App from an applicable app store (i.e. Apple App Store or Google Play Store) and following the App’s instructions and prompts. Certain features of the Services may only available to paid Users (as set forth in Section 6 below). We reserve the right to disallow anyone from registering for the Services.
Account Specific URLs. Tutors may personalize their account webpage URL by following the Site’s instructions and prompts. Edbee makes no representations or warranties that your desired URL is available for use. Edbee reserves the right to remove your personalized webpage URL at any time for any reason or no reason.
Protecting Login Credentials. You will be required to select a username and password (“Login Credentials”) when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your Login Credentials, and you are solely and fully responsible for all activities occurring under your username and password. You may not share your account information, or allow access to your account, by any third party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Login Credentials, and any device that you use to access the Services. To that end, you agree to immediately notify Edbee at the contact information provided herein of any unauthorized use of your username and password or any other breach of security. Edbee shall not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
5. General Policies.
Customer Service. We may provide assistance and guidance through our customer care representatives. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused services.
Confidentiality. You hereby agree that you shall forever treat as confidential and not in any manner use, disseminate, publish, or disclose, any information regarding another User, Edbee or its directors, officers, employees, agents, affiliates, and third-party providers including, without limitation, personal information, scholarly or scholastic information, contractual information, business information, or any other information which may reasonably assumed to be confidential (“Confidential Information”), which shall have come or shall hereafter come into your possession or which you learn. Confidential Information shall not include information that is public knowledge or in public records; information that may be disclosed to others with the knowledge and consent of the Confidential Information’s owner; or information that must be disclosed in compliance with a court order.
Academic Integrity. You hereby agree that any and all scholarly or scholastic assignments, homework, research, essays, quizzes, tests, or other scholarly or scholastic endeavor (“Academic Work”) is of your own creation and you will not seek another User’s aid in the alteration or completion of Academic Work. You also hereby agree not to plagiarize another’s Academic Work, whether whole or in part or published or unpublished, as your own. Users may only review another’s Academic Work and provide feedback in the form of criticism, critique, and education of principles, but no User shall assist another User in the completion of Academic Work.
Booking. Students may use the Site and App to search for Tutors. Once a Student selects a Tutor, they may make an appointment with that Tutor for the Tutor’s tutoring services in exchange for the Tutor’s stated fee.
Pricing. The price of tutoring sessions are agreed upon between the Tutor and Student at the time of booking. Prices of tutoring sessions vary by Tutor and lesson type and are subject to change at any time. Students and Tutors are obligated to honor the prices established at the time of booking. Additional pricing terms and conditions are contained within Student and Tutors accounts.
Platform Fee. In exchange for using the Services, Edbee will collect twenty percent (20%) from the payment amount processed. This 20% fee (“Platform Fee”) will be automatically deducted from the Student’s payment at the time of booking. Stripe (https://www.stripe.com) also deducts its fees from the payment amount processed and the remaining amount is deposited into your Stripe connected account.
Reschedules. Once a booking is made, Students are able to reschedule an appointment in accordance with the Tutor’s refund/cancel/reschedule policy.
1. Students. Appointments may be cancelled and refund initiated at any time for any reason in accordance to the Tutor’s listed refund/reschedule policy at the time of booking. Please review the Tutor’s policy prior to booking. Upon refund/cancellation, your payment will be initiated for a refund minus a five percent (5%) transaction fee deduction that goes to the tutor. Some tutors may allow last minute refund/cancellation beyond their policy for a higher transaction fee of twenty percent (20%). Refund/cancellations initiated by the student may affect a student’s refund/cancellation percentage rate. If a Tutor initiates a refund/cancellation, students will receive a full refund and it will NOT affect the student’s cancellation percentage rate. Refunds may take seven to ten (7-10) business days to process.
2. Tutors. If a refund/cancellation is initiated by the Tutor, Student, or Edbee, the funds will be taken from the Tutor’s Stripe connected account and sent back to the Student. Edbee will refund its Platform Fee for any refund initiated within forty-eight (48) hours of the original appointment start time, however, if a Tutor chooses to refund an appointment more that forty-eight (48) hours after the original appointment start time, Edbee will retain the Platform Fee, and the Tutor will be responsible for paying the full refund amount to the Student. Any refund/cancellation issued by the Tutor may affect the Tutor’s refund/cancellation rate percentage, which may be displayed on their profile page. Edbee strongly encourages Tutors to maintain a low refund/cancellation rate as this will provide students with reliable and professional services.
3. Edbee is not responsible for scheduling disputes, Tutor refunds, or any technical issues. Please contact Stripe and/or your Tutor.
Payment Transactions. Payments can be made by using a major credit or debit card such as Visa, MasterCard, American Express, or Discover. Any payment discrepancies will be handled by Stripe, our third-party payment processing service provider. Please contact Stripe for any payment concerns or questions.
Payment Collection. In order to receive payments, Tutors must set up an account with Stripe. Information provided must be accurate, legal, and complete. Payments for sessions are processed at the time of booking and deposited into your Stripe connected account excluding the Platform Fee. Availability of funds is in accordance of Stripe policies; please refer to Stripe for more information. Tutors are responsible for paying any processing fees that Stripe imposes. The processing fee will be automatically deducted from your Stripe connected account. These fees are non-refundable. Contact Stripe for the current processing fee rate.
No Off Site or App Lessons; No Circumvention. During the Term of this Agreement (defined in Section 17) and for two (2) years thereafter, no Tutor or Student shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Student or Tutor introduced through our Services, without our consent. EdBee may recoup its attorneys’ fees and costs, as well as any unauthorized fees that were paid to or collected by a User, in circumvention of this provision.
Independent Contractor. Our Services are separate and distinct from the services of the Tutors. You acknowledge that Tutors are not employees or agents of Edbee but are independent contractors who operate a separate and distinct business from Edbee. We do not endorse or control Tutors, the manner or method of service to Students from Tutors, exercise no control over Users’, and do not warrant User safety or the service of any Tutor. We urge all Users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services, and interactions with Tutors and Students.
Taxes. You are responsible for collecting and paying your own taxes due, if and when applicable. For all transactions, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). We are unable to provide you with tax advice and you should consult your own tax advisor.
7. Acceptable Use Policy.
Your compliance with this Agreement;
Taking appropriate security measures to prevent the unauthorized disclosure of your Login Credentials;
The accuracy, quality, integrity, legality, reliability, and appropriateness of the User Content (as defined below) you submit to the Services;
Complying with applicable local, state, federal and international laws, regulations, and ordinances with respect to your use of the Services, including but not limited to those related to the protection of intellectual property, data privacy, international communications, and the transmission of technical or personal data;
The maintenance of all activity that occurs under your account; and
Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Services.
Use any content, User Content, or information available through the Services, for any unauthorized or commercial purpose;
Use the Services or any portion thereof for any purpose in violation of local, state, national, or international law, regulation, or ordinance;
Post any prohibited User Content (as defined below)
Use the Services to advertise or solicit any User to buy or sell any products or services not offered by Edbee;
Attempt to solicit or raise money for any purpose;
Solicit, or attempt to solicit, Users to visit a third party site;
Interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
Collect, store, or distribute any information about any other User other than in the course of the permitted use of the Services;
Solicit, or attempt to solicit, personal information from other Users;
Restrict, discourage, or inhibit any person from using the Services; disclosing personal information about a third person on the Services or obtained from the Services without the consent of such person; or collect information about other Users;
Gain or attempt to gain unauthorized access to the Services, to other Users’ accounts, names, or personally identifiable information or to other computers or websites connected or linked to the Services;
Engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of Users or other information from or through the Services;
Impersonate any person, company, or entity;
Restrict or inhibit any other User from using or enjoying the Services;
Intentionally or unintentionally violate any applicable law or regulation;
Send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Access, tamper with, or use non-public areas of the Services, Edbee’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Edbee’s providers; or
Assist any third party in doing any of the foregoing.
8. User Content.
The Services allow you to post, display, or transmit content to or through the Services, including, without limitation, written materials, photographs, videos, lessons, comments, ratings, reviews, messages, documents, images, or any other information or audiovisual material (collectively, “User Content”). You are solely responsible for User Content that you post or submit to or through the Service.
Edbee does not monitor or approve User Content. All User Content (including any opinion, recommendation, or advice expressed therein) reflects the opinions of individual Users and do not reflect the opinion of Edbee. Edbee does not endorse or support the User Content. User Content is not verified by Edbee for accuracy and may be incorrect or misleading. Notwithstanding this paragraph, Edbee may, in its sole and unfettered discretion, remove any User Content from the Services at any time for any reason without notice.
9. License to User Content.
By posting or submitting User Content on the Services, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Edbee and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicensable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit User Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, for purposes of operating and providing the Services to you, for promotional or commercial purposes, and otherwise in connection with the Services.
You also grant all other Users of the Services a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce User Content for non-commercial, personal purposes as permitted through the functionality of the Services. These rights are limited and non-sublicensable.
You hereby waive, represent, and warrant that you have obtained the waiver of any and all moral rights in User Content that you submit or post on or through the Services including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
10. Prohibited User Content.
As a condition of accessing and using the Services, you agree not to post or submit User Content that:
is or promotes unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, lewd, racially offensive, suggestive, harassing, or threatening; or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation; or
violates or infringes upon the rights of others (including Edbee) including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder; or
promotes malice or harm of any kind against any group or individual;
solicits User passwords, financial information, or personal identification for unlawful purposes; or
contains a virus, spyware, malware, or harmful software; or
constitutes junk mail, unsolicited mass mail, or spam; or
is under the impersonation of another individual or is under another’s impersonation of you with your knowledge or consent.
promotes, advertises, or otherwise connects other Users to the services of a direct competitor of Edbee; or
promotes, advertises, or otherwise connects other Users to goods or services that are deemed inappropriate by Edbee.
The foregoing is only a partial list of the kind of User Content which is prohibited on the Services. Edbee reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this Section including, without limitation, removing the offending content from the Services and terminating the violator's Services access.
11. Copyright Policy; Take-Down Requests.
In submitting or otherwise uploading any User Content to the Services, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the Services in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services (and such description must be reasonably sufficient to enable Edbee to find the alleged infringing material, such as a url);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Edbee’ Copyright Agent at the following address:
Agent: Edbee Copyright Agent
Address: Edbee, Inc.
904 S. Roselle Rd
Schaumburg, IL 60193
Edbee will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
12. Proprietary Rights.
Unless otherwise noted, Edbee owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks, graphics, designs, copyrights, trade dress, and other intellectual property rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Edbee and its licensors. All other trademarks not owned by Edbee (or its affiliates) that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edbee or its affiliates. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on or through the Services, without first obtaining the prior written consent of Edbee or, if such property is not owned by Edbee, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
13. User License.
License to You. Subject to this Agreement, Edbee policies, and to the extent permitted under all applicable laws and regulations, Edbee grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services solely for your own personal, non-commercial use (aside from Tutoring on the platform).
License Limitations. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Services or any content available through the Services. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Services.
14. General Disclaimers.
THE SERVISES, INCLUDING, BUT NOT LIMITED TO THE ENTIRETY OF THEIR CONTENTS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EDBEE HEREBY DISCLAIMS (TO THE FURTHEST EXTENT POSSIBLE BY LAW) ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. EDBEE EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT:
THE SERVICES OR USER CONTENT WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR SATISFACTION;
ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICES OR IN USER CONTENT WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET EXPECTATIONS; OR
ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
EDBEE SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE, SERVER, PROVIDER, OR SOFTWARE. EDBEE SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS.
YOU ACCESS THE SERVICES AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT NOT ALL TUTORS ON THE WEBSITE HAVE SUBMITTED TO VERIFICATION CHECKS AND THAT WE DO NOT PERFORM VERIFICATION CHECKS ON ANY USER. VERIFICATION CHECKS ARE LIMITED BY THE QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY SERVICE PROVIDER AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH USERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
EDBEE SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. EDBEE SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. EDBEE SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM EDBEE OR THE SERVICES SHALL CREATE ANY WARRANTY.
ALL USER CONTENT AND/OR THIRD PARTY CONTENT MADE AVAILABLE ON THE SITE OR SERVICES IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS/OWNERS. EDBEE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL EDBEE, INC., ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “EDBEE PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES OR TRANSMITTED TO OR BY ANY USERS.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You hereby agree to release, remise, forever discharge, and hold harmless the Edbee Parties from and against any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, including reasonable attorneys’ fees and expenses and court costs, which now or hereafter arise from, relate to, or are connected with: (i) any and all third party claims against any Edbee Party alleging that User Content posted or submitted to the Services infringes any of said third party’s rights; (ii) your breach of any provision of this Agreement and/or any representation or warranty identified herein and/or any non-contractual legal claim arising from or in connection to this Agreement; (iii) any User’s breach of any provision of this Agreement and/or any representation or warranty identified herein and/or any non-contractual legal claim arising from or in connection to this Agreement; (iv) any Edbee’s breach of any provision of this Agreement and/or any representation or warranty identified herein and/or any non-contractual legal claim arising from or in connection to this Agreement; (v) your violation of any law or regulation; (vi) your or any User’s violation of any law, regulation, or ordinance; (vii) any dispute that you may have against any other User of the Site, Services, or Apps; (viii) any cost or expense Edbee incurs in enforcing this Section. Edbee reserves the right to control the defense and settlement of any action or proceeding against any Edbee Party that you are bound to defend pursuant to the foregoing.
16. Limitation of Liability and Damages.
EDBEE AND THE EDBEE PARTIES SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE IN CONNECTION WITH, ARISING FROM, OR IN RELATING TO: (I) THE SERVICES’ AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; (III) YOUR COMMUNICATIONS AND INTERACTIONS WITH ANY USERS, THIRD PARTIES, OR ANY OTHER INDIVIDUALS IDENTIFIED TO YOU THROUGH YOUR USE OF THE SERVICES; (IV) ANY SERVICES OR USER CONTENT; (V) THESE TERMS; (VI) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR (VII) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED THROUGH THE SERVICES, EVEN IF THE EDBEE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EDBEE OR THE EDBEE PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF YOU, EDBEE OR THE EDBEE PARTIES, OUR THIRD PARTY VERIFICATION CHECK SERVICE PROVIDER, ANY OTHER USER, OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
YOU AND EDBEE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND EDBEE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF EDBEE AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDING TWELVE MONTHS, UP TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, EDBEE’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
This Agreement will remain in full force and effect while you use our Services and/or have an account with Edbee.
Edbee, in its sole and unfettered discretion, may terminate your access to the Services for any reason or no reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and you agree that: (i) Edbee may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and (ii) bar any subsequent access to the Services or User Content. You agree that Edbee shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Services access. You may also choose to deactivate and disable your account (and, thus, terminate these Terms) under your account settings.
Edbee reserves the right to block Users from certain IP addresses from accessing the Service. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).
19. Discontinuance of Service.
Edbee reserves the right to modify or discontinue, temporarily or permanently, any portion of the Services without prior notice. You agree that Edbee shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
20. Changes to Terms; Conflict of Terms.
Edbee reserves the right to alter the Agreement at its sole discretion and without prior notice. Use of the Services after posting of amended terms will be governed by those amended terms and continued use of the Services now or following modifications to these Terms confirms that you have read, accepted, and agree to be bound by such modifications. The amended terms will govern any disputes arising before the effective date of the amended terms.
Should anything within these Terms conflict with or contradict anything stated on the Site or Apps, these Terms shall control. To the extent you agree to any additional Terms with Edbee, all terms shall be interpreted to as not to create conflict or contradiction with these Terms. In the event such an interpretation is not possible, and unless explicitly stated to the contrary in any other binding Agreement between you and Edbee, these Terms shall control.
Choice of Law; Exclusive Jurisdiction. This Agreement, and any and all non-contractual obligations and controversies arising out of or in connection with this Agreement, will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. You agree that the proper and exclusive forum for any claim arising under these Terms will be the state and federal courts located in Cook County, Illinois.
Severability. If any provision—or portion of a provision—of this Agreement is held invalid, illegal, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
Headings. The headings of this Agreement are for convenience only and will not control or affect the meaning or construction of the provisions of this Agreement.
Merger. This Agreement, together with any other agreement you may enter into with Edbee and which is incorporated herein by reference, is the entire agreement between the parties hereto, and hereby supersedes and replaces any and all prior negotiations, representations, understandings, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
No Assignment or Delegation. You may not assign or delegate this Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Edbee. Any such assignment or delegation, or attempt to assign or delegate, shall be deemed a material breach of this Agreement. Edbee may assign or delegate this Terms, including all its rights hereunder, without restriction.
Separability. This Agreement shall not render Users an employee, partner, or agent of, or joint venture with Edbee for any purpose. Users are and will remain independent in his or her relationship to Edbee. Users shall be paid without the deduction of any taxes and whose payments thereof shall be entirely the responsibility of User. Users shall have no claim against Edbee hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Waiver. Any waiver of a breach of any provisions of this Agreement is limited to the particular breach and relevant provisions of this Agreement and shall not be deemed a waiver of any other provisions of this Agreement.
Contact. Any questions regarding these Terms may be directed to us by email at email@example.com.
Terms © 2019 Edbee Inc.
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