Terms of Service

Connect Education terms of use

These Connect Education terms of use (the “terms”) are a legal agreement between The Connect Education, Inc. (“Connect Education,” we,” “our,” “us”) and you, the visitor, governing your access to and use of: (a) all content and functionalities available at the www.connect-education.com www.connect-education.com website (the “site”) and related services (collectively, the "service(s)").  

THIS IS A LEGALLY BINDING CONTRACT. BY ACCESSING OR USING THE SERVICES OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES. YOU DO NOT HAVE TO ENTER INTO THESE TERMS, BUT IF YOU DO NOT, YOU WILL NOT BE PERMITTED TO, AND YOU MAY NOT, USE THE SERVICES.

When using certain aspects of the services or using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our privacy policy, and frequently asked questions (“FAQ”). All such terms are hereby incorporated by reference into these terms of service.

Overview

The services consist of an online marketplace and platform through which teachers may offer lessons for sale to parents, and parents may purchase such lessons for the benefit of their children. While connect education strives to high standards of service, you acknowledge and agree that: (1) Connect Education is not a party to any agreements entered into between teachers and parents, (2) Connect Education only provides certain tools to facilitate the purchase, sale and provision of Lessons, (3) Parents contract for Lessons directly with Teachers (4) Connect Education is not a broker, agent (except as expressly set forth below) or insurer, and (5) Connect Education disclaims all liability for the conduct of teachers, parents, or any other users of the site or lessons. Different sections of the site and terms of service affect Teachers and Parents differently, so please be sure to read these terms of service carefully.

“User” “you” or “your” means a person, organization or entity using the services, including parents and teachers.

“Parent(s)” means a parent or legal guardian who completes Connect Education’s account registration process to purchase lessons on the site for the purpose of enrolling their child.

“Teacher(s)” means a person who completes Connect Education’s account registration process to sell lessons on the site, or an organization that executes an agreement with Connect Education to sell lessons on the site.

“Lesson(s)” means any online lesson(s) submitted by a teacher for sale on the Site.

Services and access

Services description: Connect Education’s service is an online marketplace for K-12 grades, designed for parents to find and book lessons for the benefit and specific needs of their children, and for teachers to market, sell and conduct their lessons. As the provider of an online marketplace, Connect Education does not own, create, sell, resell, control, or manage any Lessons . Connect Education's responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Connect Education strives to provide a safe and welcoming environment for its users, you agree that all of these risks are ultimately borne by you, and not Connect Education. Connect Education does not control the behavior of users or the quality of the Lessons . As a result, Connect Education cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the lessons .

Your registration obligations: You will be required to register with Connect Education in order to access and use certain features of the service. If you choose to register for the service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the service’s registration form. Registration data and certain other information about you are governed by our privacy policy. You must be of legal age to form a binding contract to register for the service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent to read these terms of service and agree to them for you before you use the services. If you are a parent and you provide your consent to your child's use of the site and services, then you agree to be bound by these terms of service with respect to your child’s use of the site and services.

Member account, password and security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Connect Education of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the service. Connect Education will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to service: Connect Education reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Connect Education will not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

General practices regarding use and storage: You acknowledge that Connect Education may establish general practices and limits concerning use of the site and services, including without limitation the maximum period of time that data or other content will be retained by the service and the maximum storage space that will be allotted on Connect Education’s servers on your behalf. You agree that Connect Education has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the service. You acknowledge that Connect Education reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Connect Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Teacher Terms

General: As a teacher, you must provide Connect Education with any information requested in order for Connect Education to list your lessons through its services including but not limited to a description of the Lessons and the price for the lessons . Connect Education has sole discretion as to which lessons we list on the marketplace and platform provided by the services and we reserve the right to reject any lessons or remove lessons from the marketplace for any reason. Additionally, Connect Education has discretion to edit lesson descriptions as needed to conform them to our marketplace standards. Connect Education has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential teacher and remove or suspend any Teacher from the marketplace for any reason. Connect Education may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Community standards: When you join the Connect Education community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our students, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Connect Education-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Connect Education, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Connect Education’s behalf without prior written authorization from Connect Education; posts that Connect Education, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about students, teachers, parents, or Connect Education staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of students, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Connect Education’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Connect Education’s community standards.

Teacher responsibilities: Each teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any lessons, and Connect Education assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.

You understand and agree that Connect Education is not an insurer, agent or employer for you as a teacher. If a parent purchases any of your lessons, any agreement you enter into with such parent is between you and the parent, and Connect Education is not a party thereto. Notwithstanding the foregoing, Connect Education is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a teacher, you are responsible for your own acts and omissions while using the services.  

Payment terms

Parent payment: Each parent agrees to pay all applicable fees for Lessons (“enrollment fees”) as set forth on the site. All enrollment fees are payable in the currency specified on the Site at the time of purchase. Parent hereby authorizes Connect Education to bill parent’s payment instrument upon confirmation of a purchase, and parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Connect Education know within three (3) days after the date that Connect Education charges you.

Teacher Payment: Connect Education will transfer the enrollment fees to teacher’s payment account for each sale of a lesson (or set of Lessons, as applicable) to a parent within a reasonable period of time, minus Connect Education’s service fees (“Connect Education Fee”), according to the schedule and policies detailed in our FAQ. Teacher shall be responsible for all taxes associated with the services. In order to transfer funds to teacher’s payment account, teacher shall sign up for a payment account and provide payment account details to Connect Education. Connect Education has discretion to act on behalf of the parent, and to not transfer the enrollment fees to teacher, if parent reports that the lessons were not provided or adequately completed. This may include but is not limited to circumstances where a teacher did not arrive for a lesson or a lesson was of insufficient quality. Connect Education will independently review such cases, seeking input from the parent and/or the teacher, and may decide at its sole discretion to issue a refund to the parent. All determinations of Connect Education with respect to a refund shall be final and binding on the parent and teacher.

Limited payment collections agent: Each teacher appoints Connect Education as the teacher’s limited payment collection agent solely for the purpose of accepting the enrollment fees from Parent. Each User agrees that payment of enrollment fees by a parent to Connect Education, as that teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such parent to the relevant teacher and the teacher will provide the relevant lessons to the parent, as outlined on the site, as if the Teacher had received payment directly. Connect Education, as limited payment collection agent for the teacher, agrees to facilitate the payment of any enrollment fees (less the Connect Education fee) for lessons pursuant to these terms of service unless otherwise agreed between Connect Education and the Teacher. In the event that Connect Education does not remit such amounts, the teacher will have recourse only against Connect Education.

User content

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Connect Education does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Connect Education a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

  • with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
  • with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Connect Education to provide you with the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Connect Education are non-confidential and Connect Education will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Connect Education may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Connect Education, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Acceptable use of the site and services

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials and User Content that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Connect Education. Connect Education reserves the right to investigate and take appropriate legal action against anyone who, in Connect Education’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Connect Education, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Connect Education or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;  
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • solicit personal information from anyone in violation of our Privacy Policy;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;  
  • use any means to scrape or crawl any Web pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Ownership of the services

Connect Education Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Connect Education Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  

Except as expressly authorized by Connect Education, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Connect Education Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Connect Education from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Our Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Connect Education, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Connect Education.

The Connect Education name and logos are trademarks and service marks of Connect Education (collectively the “Connect Education Trademarks”). Other Connect Education, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Connect Education. You should not interpret anything in these Terms of Service or the Service to mean that Connect Education is in any way explicitly or implicitly giving you any license or right to use any of Connect Education Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Connect Education Trademarks is only for Connect Education’s exclusive benefit.

Third Party Material: Under no circumstances will Connect Education be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Connect Education may, but is not required to, pre-screen content, and Connect Education and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Connect Education and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Connect Education, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Copyright and intellectual property policy

Copyright Complaints.  Connect Education respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Connect Education of your infringement claim in accordance with the procedure set forth below:

  • Your address, telephone number, and email address.  
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  • Connect Education will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Connect Education’s Copyright Agent at copyright@connecteducationinc.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Connect Education, Inc. TH1-2 Bellefair AvenueToronto ON M4L 3T, Canada.  

Repeat Infringer Policy.  In accordance with the DMCA and other applicable law, Connect Education has adopted a policy of terminating, in appropriate circumstances and at Connect Education's sole discretion, users who are deemed to be repeat infringers. Connect Education may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Counter-Notice.  If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

Your physical or electronic signature;  

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  

Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which your physical address is located, or if your physical address is located outside of the United States, then to the federal court in Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.  If we receive such notification, we will be unable to restore the material.  If we do not receive such notification, we may reinstate the material.  

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. By using the Service, you consent to our collection and use of personal data as outlined therein.

Links

The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. Connect Education has no control over such sites and resources and Connect Education is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Connect Education will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Connect Education is not liable for any loss or claim that you may have against any such third party.  

Changes to the services

We enhance and update the Site and Services often. We may change or discontinue the Services at any time, with or without notice to you.

Termination

You agree that Connect Education, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Connect Education believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service including but not limited . Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Connect Education may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Connect Education may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Connect Education will not be liable to you or any third party for any termination of your access to the Service.

Disclaimer and limitations on our liability

You Use The Site And Services At Your Own Risk.  The Site And Services Are Provided On An “As Is” And “As Available” Basis.  To The Maximum Extent Permitted By Applicable Law, Connect Education And Its Officers, Employees, Directors, Shareholders, Parents, Subsidiaries, Affiliates, Agents, Consultants, Suppliers, And Licensors (“Affiliates”) Disclaim All Warranties, Conditions, And Representations Of Any Kind, Whether Express, Implied, Statutory, Or Otherwise, Including Those Related To Merchantability, Fitness For A Particular Purpose, And Non-Infringement And Those Arising Out Of Course Of Dealing Or Usage Of Trade.  

In Particular, To The Maximum Extent Permitted By Applicable Law, Connect Education And Its Affiliates Make No Representations Or Warranties About The Accuracy Or Completeness Of Content Available On Or Through The Services, Or The Content Of Any Websites Or Online Services Linked To Or Integrated With The Services.  Our Company And Its Affiliates Will Have No Liability For Any:  (A) Errors, Mistakes, Or Inaccuracies Of Content; (B) Personal Injury Or Property Damage Resulting From Your Access To Or Use Of The Services; (C) Any Unauthorized Access To Or Use Of Our Servers Or Of Any Personal Information Or User Data; (D) Any Interruption Of Transmission To Or From The Services; (E) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted On Or Through The Services By Any Third Party; Or (F) Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted Or Shared Through The Services. Without Limiting The Generality Of The Foregoing, Company Makes No Warranty That The Site And Services Will Meet Your Requirements Or Be Available On An Uninterrupted, Secure, Or Error-Free Basis. Further, Company Makes No Warranty Regarding The Quality, Accuracy, Timeliness, Truthfulness, Completeness Or Reliability Of Any Information Or Content On The Services.

You Acknowledge And Agree That Any Criminal Background Checks Conducted By Connect Education On Teachers Are Solely For Its Own Benefit. Connect Education Makes No Representations Or Warranties As To The Conduct Of Users On The Site Or Service.

You Understand And Agree That, To The Maximum Extent Permitted By Applicable Law, Any Material Or Information Downloaded Or Otherwise Obtained Through The Use Of The Services Is Done At Your Own Risk And That You Will Be Solely Responsible For Any Damage Arising From Doing So.  No Advice Or Information, Whether Oral Or Written, Obtained By You From Us Or Through The Services Will Create Any Warranty Not Expressly Made.

To The Maximum Extent Permitted By Applicable Law, In No Event Will We Be Liable To You Or To Any Third Party For Any Indirect, Special, Incidental, Punitive, Or Consequential Damages (Including For Loss Of Profits, Revenue, Or Data) Or For The Cost Of Obtaining Substitute Products Arising Out Of Or In Connection With These Terms, However Caused, Whether Such Liability Arises From Any Claim Based Upon Contract, Warranty, Tort (Including Negligence), Strict Liability Or Otherwise, And Whether Or Not We’ve Been Advised Of The Possibility Of Such Damages.  

To The Maximum Extent Permitted By Applicable Law, Our Total Cumulative Liability To You Or Any Third Party Under These Terms, From All Causes Of Action And All Theories Of Liability, Will Be Limited To And Will Not Exceed The Amounts You Have Actually Paid Us During The Twelve (12) Months Preceding The Claim Giving Rise To Such Liability.  

Indemnification

To the maximum extent permitted by applicable law, you agree to release, indemnify and hold Connect Education and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.  

Arbitration agreement & waiver of certain rights

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.  You and we hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.  

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and we also have the right to bring qualifying claims in small claims court.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of these Terms.  This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

User disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Connect Education will have no liability or responsibility with respect thereto.

Connect Education reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.

Other provisions

These Terms of Service constitute the entire agreement between you and Connect Education and govern your use of the Service, superseding any prior agreements between you and Connect Education with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.  

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any conflict of laws rules or provisions.  Without altering the arbitration requirement set forth above, in the event any action of whatever nature relating to these Terms, the Site, or Services must be filed in a court, we mutually agree that such action may only be brought exclusively in a court of competent jurisdiction in the Province of Ontario.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action and agree not to challenge the personal jurisdiction or convenience of the forum.  

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.  

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign these Terms of Service without the prior written consent of Connect Education, but Connect Education may assign or transfer these Terms of Service, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Changes to these terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Services, you are agreeing to the revised Terms.  You may be required to indicate accept of the changed Terms to continue use of the Services.  

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.