- Unite-ED Platform for Homeschool Educators, Tutors, Co-ops, Microschools, and Hybrid Schools
INTRODUCTION
This Educator Service Agreement ("Agreement" or “this agreement”) is entered into between Unite-ED ("Platform," "we," "us," or "our") and the educator, tutor, co-op, microschool, or hybrid school ("Educator," "you," or "your") applying to provide educational services through the Platform. By completing your application and enrolling in the Service, acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in thisAgreement to and use of the Platform and establishes the legal relationship between you and Unite-ED. IMPORTANT NOTICE: This Agreement contains an arbitration provision in Section 18.4 that requires binding arbitration of disputes and limits your ability to bring claims in court. Please review this provision carefully.
1. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below: "Agreement" means this Private Education and Learning Center Service Agreement, including all exhibits, schedules, and documents incorporated by reference, as may be amended from time to time in accordance with Section 16. "Annual Subscription Fee" means the total fee due for twelve consecutive months of Platform access, whether paid as a single annual payment or through twelve monthly installments, as set forth in the Fee Schedule. "Background Check" means the criminal history check, sex offender registry search, identity verification, and other screening procedures required for individual educators and tutors as described in Section 3. "Educator" or "you" or "your" means the individual educator, tutor, or organizational entity (including co-ops, microschools, and hybrid schools) that is a party to this Agreement and is providing or offering to provide educational services through the Platform. "Fee Schedule" means the schedule of subscription fees, monthly payments, and related charges published on the Platform website at www.myunite-ed.com/pricing and as may be updated from time to time in accordance with Section 10 of this Agreement. "Families" means homeschooling parents, legal guardians, and their children who use the Platform to search for andconnect with educators providing educational services. “Learning Centers” means a co-op, microschool, hybrid school and any other learning entity. "Monthly Installment" means one-twelfth of the Annual Subscription Fee, payable monthly as part of the monthly payment plan option. "Platform" or "Service" means the Unite-ED online platform, website, mobile applications, and related services that connect homeschooling families with educators, including all features, functionality, content, and services provided by Unite-ED. "Privacy Policy" means Unite-ED's privacy policy available on the Unite-ED app, which describes how we collect, use, store, and protect personal information, as may be updated from time to time. "Renewal Date" means the annual anniversary of your initial enrollment date or most recent renewal date, on which date your subscription automatically renews for an additional twelve-month term unless canceled in accordance with Section 7. "Subscription Period" or "Subscription Term" means the twelve-month period for which you have access to the Platform pursuant to payment of the Annual Subscription Fee.
2. ROLE AND RELATIONSHIP
2.1 Independent Contractor Status. You acknowledge and agree that you are an independent contractor and not an employee, agent, partner, joint venturer, or representative of Unite-ED. This independent contractor relationship means that you maintain complete autonomy over your educational services, including but not limited to your teaching methods, pedagogical approaches, curriculum choices, scheduling practices, pricing structures, and all interactions and communications with homeschooling families who may engage your services through the Platform. You are solely responsible for determining how, when, and where you provide your educational services, and Unite-ED exercises no control over the manner or means by which you accomplish your educational objectives. As an independent contractor, you are responsible for all tax obligations associated with your income, including but not limited to federal, state, and local income taxes, self-employment taxes, and any other applicable taxes or fees. You understand that Unite-ED will not withhold taxes from any payments you receive from families, will not provide you with any employee benefits, and will not provide workers' compensation coverage or unemployment insurance. You further acknowledge that you are solely responsible for obtaining any business licenses, professional licenses, insurance coverage, or other authorizations required to legally provide educational services in your jurisdiction. 2.2 Platform as Connection Service Only. Unite-ED operates solely as a connection platform to facilitate introductions between homeschooling families seeking educational services, educators, or learning centers offering such services. Unite-ED does not provide educational services, does not employ or supervise educators, does not guarantee the quality or suitability of any educator's services, and does not endorse, recommend, or vouch for any specific educator or educational approach. The Platform is a marketplace that enables connections between independent parties, and all arrangements, agreements, and transactions between educators and families are solely between those parties. Unite-ED is not a party to any agreement between educators and families and has no control over the conduct of educators or families, the quality of educational services provided, or the completion of any transaction or engagement. 2.3 Platform Liability Limitation. Unite-ED is not liable, responsible, or accountable for any discrepancy, dispute, disagreement, controversy, or issue that may arise between homeschooling families and educators, tutors, microschools, hybrid schools, or co-ops who are connected through the Platform. This limitation of liability includes but is not limited to payment disputes, disagreements regarding educational outcomes or methodologies, safety concerns or incidents, contractual disagreements, scheduling conflicts, communication breakdowns, allegations of misconduct or abuse, educational malpractice claims, personal injury claims, property damage claims, iscrimination claims, breach of contract claims, or any other matter arising from the relationship between educators and families. You acknowledge that any agreements, arrangements, or understandings you reach with families are solely between you and those families, and Unite-ED is not a party to such arrangements and bears no responsibility for their enforcement, interpretation, or outcomes. You further acknowledge that Unite-ED makes no representations or warranties regarding the accuracy, completeness, or reliability of any information provided by families through the Platform, and you are solely responsible for independently verifying any information and conducting your own due diligence before entering into any arrangement with a family.
2.4 Parent/Guardian Authority and Legal Responsibility
You acknowledge and affirm that in a homeschooling environment, parents or legal guardians remain fully accountable, responsible, and legally liable for their child's education under applicable state homeschooling laws and regulations. Your role as an educator, tutor, or educational provider is to assist, support, supplement, and enhance families in their homeschooling journey, not to replace, supersede, or diminish parental oversight, authority, or responsibility. You understand that parents and guardians maintain ultimate decision-making authority regarding their children's educational content, methods, pace, and outcomes, and that your services are provided in support of and subordinate to parental educational choices and philosophies. You agree to respect and honor the primary role of parents as the directors of their children's education and to work cooperatively within the framework and parameters established by each family. You further acknowledge that parents retain all legal rights and responsibilities under applicable homeschool laws, and you will not take any action that would interfere with, undermine, or contradict parental authority or that would create legal complications for families regarding their homeschool compliance status. 2.5 Collaboration and Communication Requirements. You expressly agree to collaborate meaningfully with parents and guardians and to actively engage them in their children's learning journey, respecting their role as the primary educational decision-makers and maintaining open, transparent, and regular communication about their children's progress, challenges, and achievements. You agree to welcome parental input, to consider parental concerns and preferences in your educational approach, to provide regular updates and feedback to parents through mutually agreed-upon communication channels and at mutually agreed-upon intervals, to respond promptly to parental inquiries and concerns, and to work as a partner with families rather than as an autonomous authority. You understand that successful homeschool education depends on strong partnerships between educators and families, and you commit to fostering such partnerships through respectful, responsive, and collaborative practices. You agree to honor each family's educational philosophy, religious beliefs, cultural values, and parenting choices, even when they differ from your own, and to work within the parameters and boundaries established by each family. You further agree to immediately notify parents of any concerns regarding student progress, behavior, safety, or well-being, and to defer to parental judgment in addressing such concerns.
3. BACKGROUND CHECKS AND VERIFICATION
3.1 Requirements for Individual Educators and Tutors. All individual educators and tutors who apply to provide services through the Platform must undergo and successfully pass a comprehensive background check prior to being approved, activated, or granted access to the Platform and before being made visible to homeschooling families. This background screening is a mandatory, non-negotiable requirement without exception for all individual service providers. You agree to provide all necessary information, documentation, authorization, and consent required for this background screening process, which includes but is not limited to criminal history checks at the county, state, and federal levels, sex offender registry searches in all states where you have resided, identity verification to confirm your legal name and identity, verification of social security number or other government-issued identification, and any other screenings deemed appropriate by Unite-ED or its designated background check provider. You authorize Unite-ED and its designated background check provider to conduct these searches and to obtain information from courts, law enforcement agencies, government databases, educational institutions, former employers, and any other relevant sources. You understand and agree that the background check will be conducted by a third-party consumer reporting agency and that you have rights under the Fair Credit Reporting Act, including the right to receive a copy of the background check report and to dispute inaccurate information.
3.2 Background Check Standards and Disqualifying Factors
The background check must reveal no disqualifying factors in order for your application to be approved. Disqualifying factors include but are not limited to: any felony conviction at any time; any misdemeanor conviction within the past seven years involving crimes of violence, theft, fraud, dishonesty, child abuse or neglect, domestic violence, sexual offenses, drug offenses, or any crime involving moral turpitude; any registration as a sex offender in any jurisdiction; any outstanding warrants for arrest; any pending criminal charges for offenses that would be disqualifying if convicted; providing false or misleading information on your application or background check authorization; refusal to authorize the background check or failure to provide required information; and any other factor that, in Unite-ED's sole discretion, raises concerns about the safety or wellbeing of children or families. Unite-ED reserves the right to deny or revoke approval based on any information revealed in the background check or based on any other information that comes to Unite-ED's attention, even if such information does not constitute a criminal conviction. Background check determinations are made at Unite-ED's sole discretion and are final. You understand that approval is not guaranteed and that the background check fee, if any, is non-refundable regardless of the outcome. 3.3 Cost of Background Checks. The cost of the initial background check varies by State and must be paid by you during the subscription process. This fee is non-refundable regardless of whether you pass the background check, whether you complete subscription, or whether you subsequently cancel your subscription. Background checks are valid for a period of three years from the date of completion. You will be required to undergo and pay for a new background check every three years to maintain your active status on the Platform. You will receive notice sixty days prior to your background check expiration date with instructions for completing the renewal background check. Failure to complete and pass the renewal background check by the expiration date will result in immediate suspension of your account until the renewal background check is completed and passed. 3.4 Ongoing Disclosure Obligations. You agree to immediately notify Unite-ED in writing within seventy-two hours if, at any time after your initial background check approval, you are arrested for, charged with, investigated for, or convicted of any crime or offense, whether felony or misdemeanor, including but not limited to traffic offenses involving drugs or alcohol. You must also immediately notify Unite-ED if you become subject to any restraining order, protective order, or no-contact order, or if you become aware of any other information that would have been disqualifying had it been known at the time of your initial background check. Failure to provide timely notification may result in immediate termination of your account without refund and may constitute a material breach of this Agreement. Upon receiving such notification or upon otherwise becoming aware of potentially disqualifying information, Unite-ED reserves the right to immediately suspend your account pending investigation and to terminate your account and access to the Platform if warranted in Unite-ED's sole discretion. You acknowledge that your continued eligibility to use the Platform is contingent upon maintaining a background status that meets Unite-ED's standards at all times. 3.5 Requirements for Educational Entities. Institutional providers, including but not limited to co-ops, microschools, hybrid schools, learning pods, learning centers, and other organizational educational entities, are not required to undergo a background check through Unite-ED as a condition of Platform access. However, you acknowledge and agree that families have the right to request detailed information about your internal background check policies, procedures, and practices for all staff members, volunteers, teachers, administrators, assistant teachers, substitute teachers, board members, and any other individuals who have contact with children through your organization, and you agree to respond to such inquiries directly, promptly, completely, and transparently. You understand that families may choose not to engage your services if your internal background check policies do not meet their standards or expectations, and you accept this as a reasonable exercise of parental discretion and assume all risk of lost business opportunities resulting from your background check policies or lack thereof. You represent and warrant that you maintain appropriate safety protocols and screening procedures consistent with industry best practices and applicable legal requirements for educational institutions serving minors, and that you have implemented reasonable measures to ensure the safety and well-being of children who participate in your programs. You further represent and warrant that you maintain current knowledge of all applicable laws regarding background checks for employees and volunteers who work with minors in your jurisdiction and that you comply with all such legal requirements. 3.6 Verification of Credentials and Experience. In addition to background checks, Unite-ED reserves the right to verify any educational credentials, teaching certifications, licenses, degrees, training, experience, or other qualifications that you represent you possess in your educator profile or in your communications with Unite-ED or with families. You agree to provide documentation to support any such claims upon request by Unite-ED. Misrepresentation of qualifications, credentials, or experience is grounds for immediate termination of your account without refund and may expose you to legal liability for fraud or misrepresentation.
4. TEACHING PREFERENCES AND AUTONOMY
As an independent contractor providing educational services through the Platform, you retain full discretion, authority, and autonomy to make all decisions regarding your educational offerings and business practices without direction, control, or interference from Unite-ED. You have the complete and unrestricted right to select the subjects, topics, and content areas you teach and to determine the scope and focus of your educational services. You have the right to choose your preferred curriculum, educational materials, textbooks, supplementary resources, and teaching methods without interference or direction from Unite-ED, and you bear sole responsibility for ensuring that your chosen materials and methods are appropriate, effective, legal, and consistent with any representations you make to families. You have the right to determine whether you offer online instruction via video conferencing or other remote delivery methods, in-person instruction at your location or the family's location or a neutral third-party location, hybrid instruction combining online and in-person elements, or any combination thereof, and you may change your delivery methods at any time based on your business judgment and student needs. You have the right to set your own rates, fees, pricing structures, and payment terms according to your judgment of market conditions, your qualifications and experience, the value of your services, and any other factors you deem relevant, and you may offer different pricing for different services, different age groups, different subjects, group versus individual instruction, or any other pricing distinctions you choose to implement. You have the right to establish your own policies regarding cancellations, rescheduling, makeup sessions, advance notice requirements, materials fees, late payment fees, returned check fees, family deposits or registration fees, sibling discounts, multi-session packages, refund policies, and any other aspect of your business relationship with families. You have the right to determine your own schedule, availability, and working hours, to accept or decline engagement with any family for any reason or no reason, to limit the number of students you serve, and to discontinue services to any family at any time in accordance with whatever notice provisions you have established in your agreement with that family. Unite-ED does not dictate, control, influence, recommend, or express any opinion regarding these decisions and expressly recognizes your right to operate your educational services according to your professional judgment, experience, pedagogical philosophy, and business objectives. You understand that this autonomy also means you bear full responsibility for the consequences of your business decisions, including pricing decisions that may affect your competitiveness in the marketplace, policy decisions that may affect your relationships with families, scheduling decisions that may affect your work-life balance, and pedagogical decisions that may affect educational outcomes. You further understand that your independent contractor status and your autonomy in making these decisions are essential elements of your relationship with Unite-ED and that Unite-ED's lack of control over these aspects of your business is a key factor in establishing that you are not an employee of Unite-ED.
5. SUBSCRIPTION AND PAYMENT TERMS
5.1 Annual Subscription Commitment. Access to the Platform is offered exclusively as an annual subscription service, not as a month-to-month, pay-as-you-go, or trial subscription service. By enrolling in the Platform and creating an educator account, you agree to pay the full Annual Subscription Fee for your selected plan or tier as set forth in the Fee Schedule. This Annual Subscription Fee grants you access to all Platform features, tools, and services associated with your selected plan for a period of twelve consecutive months from your enrollment date. The subscription fee, background checks, payment processing fees, direct sign-up option, and other fees is consideration for Platform access, availability, and the opportunity to connect with families through the Platform, not for any guaranteed outcomes, guaranteed number of connections, guaranteed engagement with families, guaranteed inquiries, guaranteed bookings, or guaranteed income. The Annual Subscription Fee is due and payable regardless of how frequently or extensively you use the Platform during your Subscription Period, regardless of how many families view your profile, regardless of how many families contact you, regardless of how many families ultimately engage your services, regardless of how much income you generate through Platform connections, and regardless of whether the Platform meets your expectations or business needs. 5.2 Current Pricing. Current subscription pricing, plan options, and features are set forth. Plan options may include different tiers based on factors such as enhanced features. You are responsible for selecting the plan that best meets your needs. If you have questions about plan options or pricing before enrolling, please contact us at info@myuniteed.com. 5.3 Annual Payment Option. You may pay the full Annual Subscription Fee in a single lump-sum payment at the time of enrollment. If you choose the annual payment option, your payment method will be charged the full amount immediately upon completion of enrollment, and you will have access to all Platform features for twelve onsecutive months from the date of payment. Annual payment does not entitle you to any discount, credit, or additional benefits unless specifically stated in a promotional offer. 5.4 Monthly Payment Plan Option. For your financial convenience and to make Platform access more manageable for educators with varied income streams, the Annual Subscription Fee may be paid in twelve equal Monthly Installments rather than as a single lump-sum payment. However, you expressly acknowledge and agree that the monthly payment option is NOT a month-to-month subscription that can be canceled after any given month without further obligation. The monthly payment plan is a financing arrangement that allows you to spread the cost of your annual subscription over twelve months for budgeting purposes. Choosing monthly payments does not reduce, alter, or affect the total annual cost of your subscription; it simply spreads the Annual Subscription Fee across smaller, more manageable payments over the course of twelve months. Whether you choose to pay annually in full or monthly in installments, you remain fully obligated to pay the complete Annual Subscription Fee for the entire twelve-month Subscription Period regardless of payment frequency, timing, method, or actual usage of the Platform. The monthly payment option is merely a payment plan for your convenience, not a substantive change to the annual nature of your subscription commitment or to your obligation to pay the full Annual Subscription Fee. If you elect the monthly payment plan, your first Monthly Installment will be charged immediately upon enrollment, and subsequent Monthly Installments will be charged monthly thereafter until all twelve installments have been paid. 5.5 Payment Authorization and Recurring Charges. By selecting the monthly payment plan option during enrollment or renewal, you authorize, permit, and instruct Unite-ED and its designated payment processor to automatically charge your designated payment method each month on or about the same day of the month as your initial enrollment or renewal date (the "Billing Date") until the full Annual Subscription Fee has been paid in full through all twelve Monthly Installments. If your Billing Date falls on a day that does not exist in a particular month (for example, if your Billing Date is the 31st but the month has only 30 days), the charge will occur on the last day of that month. This authorization constitutes your standing instruction for recurring charges and remains in effect until you have satisfied your annual subscription obligation in full or until you cancel your subscription in accordance with the terms set forth in Section 7 of this Agreement, in which case the authorization remains in effect until all remaining installments for the current Subscription Period have been paid. You are responsible for maintaining valid, current, and accurate payment information on file with your account, including credit card number, expiration date, billing address, and CVV code if applicable, and for ensuring that your payment method has sufficient funds or credit available to cover each Monthly Installment when it becomes due. You agree to update your payment information promptly through your account settings if your payment method expires, is canceled, is replaced with a new card, or is otherwise no longer valid. Failure to maintain current payment information may result in failed payments and the consequences set forth in Section 8 of this Agreement. 5.6 Accepted Payment Methods. The Apple App Store and Google Play Store determine which methods are acceptable, this may include: Visa, MasterCard, American Express, Discover, and such other payment methods as may be made available through each store from time to time. All payments must be made in U.S. dollars. If you are paying with a non-U.S. credit card, your bank may assess currency conversion fees or foreign transaction fees, for which Unite-ED is not responsible. 5.7 Payment Processing and Timing. All billing is managed by the applicable app store, in accordance to their subscription policies. By providing payment information, you authorize Google Play Store and Apple App Store to charge your payment method for the subscription . Payment processing may take up to three business days to complete, and your subscription may be delayed until payment is successfully processed and confirmed. You are bound by Stripe's Terms of Service available at stripe.com/legal in addition to this Agreement with respect to payment processing. 5.8 Taxes. The Annual Subscription Fee does not include any applicable federal, state, or local sales taxes, use taxes, value-added taxes (VAT), goods and services taxes (GST), or other taxes or government fees (collectively, "Taxes"). You are responsible for paying all Taxes associated with your subscription. If Unite-ED is required to collect Taxes, such Taxes will be charged to your payment method in addition to the Annual Subscription Fee. If you are tax- exempt, you must provide Unite-ED with a valid tax exemption certificate for your jurisdiction before your payment is processed. If you are located outside the United States, you are responsible for complying with all tax laws in your jurisdiction.
6. AUTOMATIC RENEWAL
6.1 Annual Auto-Renewal of Subscription. All subscriptions automatically renew annually for successive twelve month periods unless you affirmatively cancel your subscription prior to your Renewal Date in accordance with the cancellation procedures described in Section 7 of this Agreement. This automatic renewal feature ensures uninterrupted access to the Platform and its features, functionality, and services, allowing you to maintain continuous visibility to families, ongoing access to Platform tools, uninterrupted communication with families you have connected with, and continuity in your profile presence without the need to manually renew each year or risk a lapse in service. By enrolling in the Platform, you expressly consent to this automatic renewal feature and acknowledge that your subscription will continue indefinitely on an annual basis, renewing automatically year after year, until you take affirmative action to cancel your subscription in accordance with Section 7. Automatic renewal is a material term of this Agreement and is essential to ensuring continuous service to all Platform users. 6.2 Renewal Billing and Payment. Upon your Renewal Date each year, your designated payment method will be automatically charged either the full Annual Subscription Fee for the upcoming year in a single transaction if you selected annual payment, or the first of twelve Monthly Installments representing one-twelfth of the Annual Subscription Fee if you selected monthly payment, with the remaining eleven Monthly Installments to follow monthly thereafter on approximately the same Billing Date each month. The billing method and payment plan applied at renewal (annual payment or monthly payment plan) will match the payment option and billing frequency you selected at the time of renewal through your account settings or, if you have not changed your payment preferences, will default to the same payment method and frequency you used during your previous Subscription Period. For example, if you initially enrolled with monthly payments, your renewal will also process as monthly payments unless you affirmatively change to annual payment before your Renewal Date. You may change your payment preference for the upcoming renewal through your account settings at any time before your Renewal Date. 6.3 Year-Round Renewal Schedule. Unlike seasonal services that renew on fixed calendar dates (such as January 1 or September 1), automatic renewals for your Platform subscription occur year-round based on your individual enrollment date or anniversary date to ensure continuous access to the Service without gap or interruption. This means that your Renewal Date is unique to you and is determined by the date on which you initially enrolled or most recently renewed your subscription. For example, if you enrolled on March 15, 2026, your Renewal Date will be March 15, 2027, and each March 15 thereafter for as long as your subscription remains active. This year-round renewal approach allows for staggered renewal dates across the educator community, distributes billing operations across the calendar year rather than concentrating them in a single period, and ensures that you maintain continuous Platform access regardless of when during the calendar year you first enrolled. Your Renewal Date is displayed in your account settings and in all renewal notices. 6.4 Failed Renewal Payments. If your automatic renewal payment fails, is declined, or cannot be processed for any reason, the provisions of Section 8 (Failed or Missed Payments) will apply. Apple and Google will attempt to process the payment again within their specified timeframe. If all payment attempts fail, your subscription will not renew, and your access to the Platform will be suspended. If you wish to restore access after a failed renewal, you will need to update your payment information on either the Apple App Store or Google Play Store, which will be subject to the then-current pricing as described in Section 10.2.
7. CANCELLATION POLICY
7.1 How to Cancel Your Subscription. You may cancel your subscription at any time and for any reason by accessing the Apple App Store or Google Play Store. Cancellation must be completed and confirmed at least three business days prior to your Renewal Date to prevent automatic renewal for an additional annual term. We strongly recommend canceling at least seven calendar days before your Renewal Date to ensure processing of your cancellation before the renewal charge is processed and to allow time to resolve any technical issues that may arise during the cancellation process. If you attempt to cancel fewer than three business days before your Renewal Date, we cannot guarantee that the cancellation will be processed in time to prevent the renewal charge, and you will be responsible for the renewal charge if it is processed before your cancellation is completed. Cancellation submitted on a weekend or federal holiday may not be processed until the next business day. For purposes of this section, "business days" means Monday through Friday, excluding federal holidays. Cancellation is effective for purposes of preventing future renewals but does not provide immediate termination of your current subscription obligations or any refund as described below in Sections 7.2 and 7.3.
7.2 Effect of Cancellation on Current Subscription Term
Cancellation of your subscription prevents future automatic renewals and ensures that you will not be charged for any additional annual terms beyond your current Subscription Period. However, cancellation does NOT cancel, terminate, eliminate, reduce, or provide any refund or credit for the remaining balance of your current annual Subscription Period, whether that balance has already been paid or remains unpaid. Your obligation to pay the full Annual Subscription Fee for your current Subscription Period continues in full force and effect regardless of when you cancel. If you are paying through the annual payment option and have already paid the full Annual Subscription Fee, no refund or pro-rated credit will be provided for the unused portion of your Subscription Period, and you will continue to have access through the end of the current Subscription Period as described in Section 7.4 below. If you are paying through the monthly payment plan option and you cancel. 7.3 No Cancellation of Payment Obligations. For clarity and to avoid any misunderstanding, canceling your subscription cancels only future renewals; it does not cancel, reduce, or eliminate your payment obligations for the current Subscription Period. Your subscription is for an annual term, and you are obligated to pay for that full annual term regardless of when you cancel. The option to pay through monthly installments is a convenience and a payment plan offered for your benefit, but it does not change the annual nature of your subscription commitment or create a month-to-month subscription that can be terminated without paying for the full annual term. If you are on a monthly payment plan, cancellation does not stop the Monthly Installment charges; those charges will continue until all twelve installments for the current year have been paid. If you fail to pay remaining Monthly Installments after cancellation, the provisions of Section 8 (Failed or Missed Payments) will apply, including possible account suspension, collection efforts, late fees, and negative credit reporting. Your obligation to pay remains enforceable even after you no longer have access to the Platform.
7.4 Continued Access Through End of Subscription Period
Regardless of when during your Subscription Period you submit your cancellation request, you will retain full, uninterrupted access to the Platform, all of its features, your educator or learning center profile, messaging capabilities, and all functionality through the end of your current paid Subscription Period. This means that if you cancel with six months remaining in your annual Subscription Period, you continue to have full Platform access for those remaining six months (while you complete your payment obligations for the current term if you are on a monthly plan), and families will continue to be able to view your profile, contact you, and engage your services during that time. Your profile will remain active and visible in family searches through the end of your current Subscription Period. deactivation does not affect your payment obligations or provide any refund, but it will remove your profile from family searches and prevent families from contacting you for the remainder of your Subscription Period. Your access will automatically terminate only upon expiration of your current Subscription Period (or upon completion of payment of all twelve Monthly Installments if you are on a monthly plan and that date is later than your Subscription Period end date), at which point your account will be deactivated, your profile will no longer be visible to families searching the Platform, you will no longer be able to log in or access Platform features, and any messages or connections you had through the Platform will no longer be accessible to you. We recommend downloading or saving any important information from your account before your access terminates.
7.5 Effect of Cancellation on Payment Method Authorization
Cancellation of your subscription does not automatically revoke your authorization for Apple or Google to charge your payment method for remaining Monthly Installments due for the current Subscription Period. Your payment authorization under Section 5.5 remains in effect until all payment obligations for the current Subscription Period have been satisfied in full. If you wish to change your payment method after canceling your subscription but while payment obligations remain, you may do so directly through Apple or Google by accessing “Subscriptions” on the app, which will link you directly, but you may not remove your payment method entirely until all amounts owed have been paid in full.
8. FAILED OR MISSED PAYMENTS
8.1 Payment Retries and Retry Schedule. If a scheduled payment, whether a Monthly Installment or an annual renewal charge or annual payment, fails, is declined, is rejected, or cannot be processed for any reason, including but not limited to insufficient funds, expired payment method, canceled credit card, incorrect CVV code, incorrect billing address, bank rejection, card issuer fraud prevention measures, payment processor error, technical malfunction, or any other cause, Apple or Google reserves the right to retry the charge one or more times using your authorized payment method on file. Each retry attempt will be for the full amount due. You acknowledge that failed payments may result in late fees, declined transaction fees, insufficient funds fees, retry fees, or other charges assessed by your financial institution, bank, or credit card issuer, and you agree that Unite-ED is not responsible for any such fees or charges imposed by third parties. You are responsible for monitoring your payment method and ensuring that payments process successfully. Failed payments are entirely your responsibility and Unite-ED has no obligation to notify you of failed payments, although we may choose to do so as a courtesy. 8.2 Subscription Suspension for Non-Payment. Continued failure to collect payment after all retry attempts have been exhausted, repeated declined payment attempts over multiple billing cycles, or outstanding unpaid balances in the time designated by Apple or Google may result in immediate and automatic suspension of your access to the Platform, removal from visibility on the Platform, termination of your ability to log in to your account or access any Platform features or data, and potential termination of your account and cancellation of your subscription as described in Section 17.2. During any period of suspension due to non-payment, you will not have access to Platform features, you will not be able to log in to your account, your profile will not be visible to families searching for educators, your profile will not appear in any search results, families will not be able to view your profile or contact you through the Platform, you will not be able to receive new inquiries or messages from families, you will not be able to respond to any pending inquiries, and any families who had previously favorited or bookmarked your profile will no longer be able to access it. Suspension is immediate and automatic upon determination by Unite-ED that your account is delinquent. You will receive notice of suspension via email to the email address on file, but such notice may be sent after suspension has already occurred. Access and profile visibility will be restored and your account will be resumed only after your account is brought current by paying all outstanding balances in full, all assessed late fees, all collection costs incurred, and any other amounts owed as described in. Suspension does not relieve you of your payment obligations, and you remain fully responsible for all amounts owed during the suspension period and for the entire Subscription Period regardless of your inability to access the Platform. Suspension does not extend your Subscription Period, and of time for any period during which your account was suspended. 8.3 Late Fees and Collection Costs. If any payment is not successfully processed within five days of the due date, a late fee may be charged at the discretion of Apple or Google. If we must send your account to collections or engage collection agencies, attorneys, or other third parties to collect amounts owed, you agree to pay all reasonable costs and fees incurred during collection efforts, including but not limited to collection agency fees (which may be up to 33% of the amount owed), reasonable attorneys' fees and costs, court filing fees, costs of litigation, interest on unpaid balances at the rate of twelve percent (12%) per annum or the maximum rate permitted by applicable law, whichever is less, and any other costs or expenses reasonably incurred in collecting the amounts owed. These collection costs and fees will be added to your outstanding balance and are your responsibility to pay. You acknowledge that these fees and costs are a reasonable estimate of the actual costs we will incur and are not a penalty. 8.4 Outstanding Balances and Continuing Liability. You remain responsible and liable for all outstanding amounts owed to Unite-ED, including unpaid subscription fees, unpaid Monthly Installments for the current Subscription Period, late fees, collection costs, attorneys' fees, interest, and any other charges or fees incurred, regardless of whether your account has been suspended, regardless of whether your account has been terminated, regardless of whether you have access to the Platform, and regardless of whether your Subscription Period has ended. Your payment obligations survive termination or cancellation of this Agreement and of your access to the Platform. Outstanding balances remain due and payable until paid in full. We reserve the right to pursue all available legal remedies to collect amounts owed, including but not limited to filing a civil lawsuit, obtaining a judgment against you, garnishing wages, and reporting the debt to credit bureaus. Outstanding balances and any related collection actions may be reported to one or more credit reporting agencies (Equifax, Experian, TransUnion) and may negatively affect your credit rating, credit score, and ability to obtain credit in the future. Such negative credit reporting may remain on your credit report for up to seven years under federal law. We may also report unpaid balances to delinquent debtor databases and may refuse to do business with you in the future or to allow you to re-enroll even if the balance is subsequently paid. 8.5 Right to Update Payment Information. You have the right and responsibility to update your payment information at any time through your Manage Subscription button in the app or through the appropriate subscription management for the Apple App store or Google Play store. We encourage you to update your payment information immediately if you receive notice that your credit card is expiring, if you receive a replacement card from your financial institution, if you close a bank account, or if your billing address changes. Updated payment information will be used for all future charges. If you are having financial difficulties and cannot make your scheduled payments, please contact us immediately at admin@myunite-ed.com to discuss your situation. While we are not obligated to offer payment plans or accommodations, we may be willing to work with you on a case-by-case basis if you communicate proactively before your account becomes seriously delinquent.
9. REFUND POLICY
9.1 Non-Refundable Conditions. Unite-ED does not provide refunds, prorated refunds, partial refunds, credits, account credits, future subscription credits, or any other form of reimbursement, compensation, or repayment for unused time during your Subscription Period, for early cancellations regardless of reason or timing or how much time remains in your Subscription Period, for partial use of the Service regardless of the extent of your Platform utilization or how frequently you logged in, for non-use of the Service even if you never logged in after enrollment, for dissatisfaction with the Platform, its features, its functionality, its user interface, or its performance, for failure to connect with families or to receive inquiries from families, for failure to secure educational engagements or bookings through Platform connections, for receiving fewer inquiries than expected or hoped for, for technical difficulties or Platform outages or unavailability, for changes in your personal circumstances, including illness, family emergencies, relocation, or change in personal situation, for changes in your business model, educational offerings, or decision to exit the homeschool education market, for changes in the Platform's features, policies, or Fee Schedule, for decision to use a competing platform or service, for any other reason whatsoever, whether or not the reason is beyond your control. This no-refund policy is absolute and applies equally to annual payments and to Monthly Installment payments. The no-refund policy applies regardless of whether you have used the Platform extensively and logged in daily, used the Platform minimally and logged in only occasionally, or not used the Platform at all and never logged in after enrollment. The non-refundable conditions apply even if you used the Platform for only one day and then canceled. The non-refundable conditions apply even if you believe the Platform was misrepresented or not as described. Do not enroll if you are not prepared to commit to paying the full Annual Subscription Fee with limited opportunities for a refund as described in section 9.4. 9.2 No Refunds for Termination by Unite-ED. If Unite-ED terminates your account and your access to the Platform pursuant to Section 17.2 for violation of this Agreement, for failure to pass or maintain background check requirements, for misconduct, for providing false information, or for any other reason, you are not entitled to any refund of any fees paid, and you remain liable for all amounts owed for the current Subscription Period even though your access has been terminated. Termination by Unite-ED for cause does not relieve you of your payment obligations. Do not enroll if you are not prepared to commit to paying the full Annual Subscription Fee with limited opportunities for a refund as described in section 9.4. 9.3 No Chargebacks or Payment Disputes. You agree not to initiate any chargeback, payment dispute, or reversal of charges with your credit card issuer, bank, or payment processor, and you agree not to claim that any charge was unauthorized or fraudulent, unless the charge was actually the result of fraud or unauthorized access to your payment method by a third party. If you initiate a chargeback or payment dispute for any charge that you authorized, including the Annual Subscription Fee or Monthly Installments that you authorized when you enrolled and agreed to this Agreement, you will be in material breach of this Agreement, your account will be immediately terminated, and you will be liable for the full amount of the charge plus all costs incurred by Unite-ED in responding to and defending against the chargeback or dispute, including chargeback fees (typically $15-$25 per chargeback), attorneys' fees, and administrative costs. If you have a billing question or concern, you must contact us at info@myunite-ed.com before initiating any chargeback or dispute with your financial institution. We will work with you to resolve any legitimate billing errors or concerns, but chargebacks for charges you authorized are not permitted and will result in immediate account termination and potential legal action. 9.4 Refunds through the App Store. Refunds are handled on a case-by-case basis by Apple or Google. IOS users may request a refund directly from apple through reportaproblem.apple.com. Android Users may request a refund through play.google.com/Order History.
9.5 Understanding and Acknowledgment of Commitment
By enrolling in the Platform and submitting payment or authorizing recurring payments, you acknowledge and confirm that you are making an informed, educated, voluntary decision to commit to a full annual subscription and you knowingly accept the financial obligation for the entire Annual Subscription Fee regardless of your actual usage, regardless of how often you log in or update your profile, regardless of how many families view your profile, regardless of how many families contact you or inquire about your services, regardless of how many families ultimately engage your services and become paying clients, regardless of how much income you generate through Platform connections, and regardless of whether the Platform meets your expectations, needs, or business objectives. You acknowledge that you have read and fully understood this refund policy before enrolling, that the no-refund policy has been clearly disclosed and was conspicuous and prominent during the enrollment process, that you have had a full and adequate opportunity to ask questions or seek clarification before committing, that you have had the opportunity to consult with legal, financial, or business advisors before enrolling if you chose to do so, and that you accept the financial risk that the Platform may not meet your needs or expectations and that no refund will be available under any circumstances. You acknowledge that you have carefully considered whether the Platform is right for you and whether the Annual Subscription Fee represents good value for your business before enrolling. This no-refund policy is a material term of this Agreement and is essential to Unite-ED's business model, pricing structure, and ability to operate the Platform and provide services to educators and families. You acknowledge that the subscription pricing is based in part on this no-refund policy and that pricing might be different if refunds were available.
10. PRICE CHANGES
10.1 Price Lock for Existing Continuous Subscriptions. Your current subscription price, whether paid annually in full or through monthly installments, is locked in and guaranteed for the duration of your active Subscription Period and through all subsequent automatic renewals, so long as your subscription remains continuously active without any lapse, gap, or interruption in coverage. This means that if you enrolled at a particular price point and maintain an active subscription through automatic renewals without ever canceling or allowing your subscription to lapse due to non-payment, you will continue to pay that original enrollment price year after year, even if Unite-ED increases its prices for new subscribers or publishes a new Fee Schedule with higher pricing. This price lock protection applies indefinitely for as long as you maintain continuous active subscription status. For example, if you enrolled when the Annual Subscription Fee was $300 and maintained continuous subscription through automatic renewals, you would continue to pay $300 per year even if the Annual Subscription Fee for new subscribers increases to $400, $500, or any higher amount. This price protection rewards loyal, continuous subscribers and provides price stability and predictability for your business planning and budgeting purposes. However, this price lock is contingent upon continuous subscription without cancellation and without any lapse due to non-payment or suspension. If you cancel your subscription voluntarily, or if your subscription lapses due to non-payment and your account is suspended or terminated, you will lose this price protection permanently, and if you subsequently re-subscribe, you will be charged the then-current price in effect at the time of your new enrollment as described in Section 10.2 below.
10.2 Pricing for New Subscriptions and Resumed Subscriptions
Price changes, including increases in subscription fees, changes to plan structures, changes to included features, addition of new pricing tiers, apply immediately to new subscriptions created after the price change takes effect and, and also apply to accounts that have been canceled either voluntarily by the subscriber or involuntarily by Unite-ED, accounts that have been allowed to lapse due to nonpayment, accounts that have been terminated for any reason, and accounts that are subsequently re-subscribing or reactivating after any period of non-subscription. If you cancel your subscription voluntarily for any reason, even if you cancel with the intent to immediately re-subscribe, or if your subscription lapses or is terminated for any reason including non-payment, and you later decide to re-subscribe, even if you re- subscribe immediately after your previous subscription expires or even on the same day, you will be charged the then-current subscription price in effect at the time of your new enrollment as published in the then-current Fee Schedule, which may be substantially higher than your previous subscription price. There are no exceptions to this rule. For example, if you were paying $300 per year under the price lock described in Section 10.1, but you cancel your subscription and then three months later decide to re-enroll, and the current Annual Subscription Fee at that time is $450, you will pay $450 per year going forward, not your previous locked-in rate of $300. This policy means that canceling your subscription, even temporarily, results in permanent loss of any grandfathered or legacy pricing you may have been receiving, and you assume that risk when you cancel. Once you lose price lock protection, it cannot be reinstated or restored under any circumstances, even if you claim you were not aware of this policy or did not intend the consequences. We strongly encourage you to carefully consider this consequence before canceling your subscription. 10.3 Right to Change Prices. Unite-ED reserves the right to change subscription prices, change plan structures, add or remove features from plans, create new pricing tiers, eliminate existing pricing tiers, and make any other changes to pricing, plans, or features at any time without advance notice to existing subscribers who have price lock protection under Section 10.1. However, as a courtesy to our existing subscriber community, we will generally provide notice of significant price increases to active subscribers through announcements on the Platform, even though such price increases will not affect existing continuous subscribers who have price lock protection. Price increases take effect immediately for new subscribers and for re-subscribers as soon as they are published. We are not required to provide any minimum notice period before implementing price changes. If you have questions about pricing or price changes, please contact info@myunite-ed.com. 10.4 No Price Increase Mid-Subscription. Notwithstanding Unite-ED's right to change prices at any time, no price increase will be applied to your subscription during your current Subscription Period. If you are in the middle of a twelve-month Subscription Period when a price increase is announced, that price increase will not affect your current Subscription Period, and you will continue to pay the price in effect when your current Subscription Period began (or your locked-in price if you have price lock protection). Price increases, if any, would take effect only at your next renewal.
11. ACCEPTABLE USE AND CONDUCT
11.1 Professional Standards and Ethical Conduct. You agree to maintain the highest standards of professional conduct, ethics, integrity, and professionalism in all interactions with families, with children, with other Platform users and educators, and with Unite-ED staff, customer support representatives, and other representatives. You agree to provide accurate, truthful, complete, and current information in your profile, in your communications with families, in your representations about your qualifications, credentials, education, experience, teaching history, certifications, licenses, specializations, and expertise, and in all other interactions and content you provide through the Platform. You agree to honor all commitments, promises, representations, and agreements you make to families regarding scheduling, attendance, punctuality, pricing, payment terms, curriculum content, teaching methods, learning outcomes, materials to be provided, cancellation policies, or any other aspect of your services. You agree to communicate promptly, clearly, and professionally with families, to respond to family inquiries in a timely manner, to provide adequate notice if you need to modify, reschedule, or cancel any commitment due to unforeseen circumstances such as illness or emergency, and to work collaboratively with families to find mutually acceptable solutions when conflicts or issues arise. You agree to maintain appropriate professional boundaries and ethical standards in your relationships with families and especially with minor children, to avoid dual relationships or conflicts of interest, to respect privacy and confidentiality of family information and student information, to refrain from discussing one family's children or personal matters with other families, and to conduct yourself in a manner that reflects positively on the homeschooling community, on the Platform, and on the education profession generally. You agree to treat all families, children, and other Platform users with respect, dignity, and courtesy, regardless of their race, ethnicity, national origin, religion, gender, sexual orientation, socioeconomic status, disability status, or any other characteristic. You agree to refrain from discrimination, harassment, or any form of inappropriate conduct. Establishing eligibility requirements including but not limited to values, faith, and beliefs are not considered discrimination for the purposes of this Private Educator and Learning Center Service Agreement. 11.2 Profile Accuracy and Truthfulness. Your profile is your representation to families about who you are, what you offer, and why families should engage your services. You represent and warrant that all information in your profile is accurate, truthful, current, and not misleading in any way. You may not misrepresent, exaggerate, embellish, or falsify your qualifications, credentials, degrees, certifications, licenses, training, professional development, experience, teaching history, years of experience, number of students taught, specializations, expertise, areas of competence, references, awards, publications, background, or any other material information about yourself or your services. You may not claim credentials you do not hold, degrees you have not earned, certifications you have not obtained, or experience you do not have. You may not claim affiliation with institutions, organizations, or programs with which you are not actually affiliated. You may not use photos that are not of you or that misrepresent your appearance, age, or any other characteristic. You may not include false or misleading testimonials or reviews. You must promptly update your profile if any information becomes inaccurate or outdated. Misrepresentation in your profile is grounds for immediate termination without refund and may expose you to legal liability for fraud, misrepresentation, or violation of consumer protection laws. 11.3 Prohibited Activities and Conduct. You may not use the Platform for any unlawful purpose, for any purpose that violates this Agreement or any of its terms, or in any manner that could damage, disable, overburden, impair, or compromise the security of the Platform or interfere with any other party's use and enjoyment of the Platform. Specifically, and without limitation, you may not:
- a) Misrepresent, exaggerate, embellish, or falsify your qualifications, credentials, degrees, certifications, experience, teaching history, references, background, or any other material information about yourself or your services as described in Section 11.2 above;
- b) Harass, threaten, intimidate, stalk, abuse, defame, libel, slander, or engage in any inappropriate, unprofessional, unwelcome, or offensive behavior toward families, children, other educators, other Platform users, or Unite-ED staff;
- c) Use profanity, obscene language, sexually explicit content, or offensive language in your profile, in messages to families, or in any communication through the Platform;
- d) Make any sexual advances toward or engage in any sexually inappropriate conduct with families or especially with minors;
- e) Discriminate against families or refuse to provide services on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic in violation of applicable law. Establishing eligibility requirements including but not limited to values, faith, and beliefs are not considered discrimination for the purposes of this Private Educator and Learning Center Service Agreement;
- f) Attempt to circumvent, avoid, or bypass Platform fees or other Platform policies by conducting transactions outside the Platform, by directly soliciting families to work with you off-platform during your active Subscription Period, by encouraging families to pay you directly without using the Platform, by providing your personal contact information to families before they have engaged your services, or by any other means designed to deprive Unite-ED of legitimate revenue or to violate the spirit or intent of this Agreement;
- g) Share, transfer, sell, license, sublicense, or otherwise provide your account credentials, username, or password to any other person or entity, as your account is personal to you and non-transferable;
- h) Allow any other person to use your account or to represent themselves as you through your account;
- i) Create multiple accounts for yourself or create accounts using false information or someone else's information; Use the Platform to recruit families or educators to competing platforms or services;
- j) Scrape, harvest, collect, or aggregate data from the Platform using automated means such as bots, spiders, or scrapers;
- k) Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Platform;
- l) Introduce viruses, malware, ransomware, trojan horses, worms, or other malicious code to the Platform;
- m) Attempt to gain unauthorized access to any portion of the Platform, to other users' accounts, to computer systems or networks connected to the Platform, or to any Unite-ED systems or data;
- n) Interfere with or disrupt the integrity, performance, or operation of the Platform or the servers or networks used to make the Platform available;
- o) Post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- p) Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials,
- q) spam, junk mail, chain letters, or any other form of solicitation;
- r) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- s) Violate any applicable local, state, national, or international law or regulation; or
- t) Encourage, enable, or assist any other person in doing any of the foregoing prohibited activities.
Violation of any of these prohibitions may result in immediate suspension or termination of your account without notice and without refund, may result in permanent ban from future use of the Platform, may result in reporting to law enforcement authorities if criminal conduct is suspected, and may expose you to civil or criminal legal liability. 11.4 Reporting Violations. If you become aware of any conduct by another educator or by a family that violates this Agreement or that raises safety concerns, please report it immediately to admin@myunite-ed.com. We take all reports seriously and will investigate and take appropriate action. You may report anonymously if you prefer.
12. INTELLECTUAL PROPERTY
12.1 Your Ownership of Your Content. You retain full and exclusive ownership of any and all original curriculum, lesson plans, teaching materials, worksheets, handouts, educational content, written works, creative works, instructional videos, audio recordings, photographs that you created, illustrations, graphics, or other intellectual property that you create, develop, or provide in connection with your educational services to families. Unite-ED claims no ownership interest whatsoever in your original materials or content. Your intellectual property remains yours, and you may use it, modify it, license it, sell it, or otherwise exploit it as you see fit. Nothing in this Agreement transfers any ownership of your intellectual property to Unite-ED. 12.2 Limited License to Unite-ED. However, by creating a profile and using the Platform, you grant to Unite-ED a limited, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to display, reproduce, distribute, publicly perform, publicly display, transmit, and publicly present your profile information, photographs, images, profile picture, videos, service descriptions, biographical information, teaching philosophy statements, sample lesson descriptions, and other content you submit to or upload to the Platform (collectively, "Profile Content") for the sole purpose of operating the Platform, marketing the Platform, promoting the Platform to prospective educators and families, connecting you with families seeking educational services, and performing Unite-ED's obligations under this Agreement. This license includes the right to display your Profile Content in search results, to include your Profile Content in marketing materials for the Platform such as brochures, website content, social media posts, and advertisements, to display your Profile Content to families who are searching for educators, to send your Profile Content to families in email newsletters or recommendations, and to use your Profile Content in any other manner reasonably related to operating the Platform. This license continues for so long as your account is active and terminates upon permanent deletion of your account as described in Section 12.3 below, although Unite-ED may retain archived copies for legal compliance, record-keeping, and backup purposes as described in Section 12.4. If you update or modify your Profile Content, the license applies to the updated or modified content. 12.3 Account Deletion and Termination of License. If you wish to permanently delete your account, Subscribers may request permanent profile deletion through the app by selecting “Deleting Profile Request”. Upon permanent profile deletion, Unite-ED will remove your Profile Content from public display on the Platform within thirty days, and the license granted in Section 12.2 will terminate, except as provided in Section 12.4 regarding archived copies and as provided in Section 12.5 regarding continued use in certain marketing materials. 12.4 Retained Copies and Legal Compliance. Notwithstanding termination of the license upon account deletion, Unite-ED may retain archived copies of your Profile Content in backup systems, archives, and databases for legal compliance, regulatory requirements, dispute resolution, fraud prevention, enforcement of this Agreement, and recordkeeping purposes. These retained copies will not be displayed publicly or used for marketing purposes but may be accessed for legal, security, or administrative purposes. Retention periods will comply with applicable data retention laws and Unite-ED's internal data retention policies. 12.5 Continued Use in Marketing Materials. If your Profile Content has been incorporated into physical or digital marketing materials such as printed brochures, video testimonials, website content, or other materials that cannot be easily updated or modified, Unite-ED may continue to use such materials for a reasonable period following termination of your account, not to exceed one year, unless you specifically object and request removal, in which case Unite-ED will use commercially reasonable efforts to discontinue use as promptly as reasonably practical.
12.6 Representations and Warranties Regarding Your Content
You represent and warrant that you have the full right, power, and authority to grant the license described in Section 12.2, that your Profile Content does not infringe any third-party intellectual property rights including copyrights, trademarks, patents, trade secrets, or other proprietary rights, that your Profile Content does not violate any third-party privacy rights, publicity rights, or other personal rights, that your Profile Content does not violate any applicable law or regulation, and that your Profile Content does not contain any defamatory, libelous, obscene, or otherwise unlawful content. You agree to indemnify Unite-ED for any breach of these representations and warranties as set forth in Section 15. 12.7 Unite-ED Intellectual Property. The Platform itself, including its design, layout, user interface, graphics, logos, trademarks, service marks, trade names, software, code, functionality, and all other content provided by Unite-ED (as distinguished from content provided by educators), is the exclusive property of Unite-ED and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, nonexclusive, non-transferable, revocable license to access and use the Platform for its intended purpose in accordance with this Agreement. You may not copy, modify, reproduce, distribute, create derivative works from, publicly display, reverse engineer, or otherwise exploit any Unite-ED intellectual property without express written permission. The "Unite-ED" name and logo are trademarks of Unite-ED and may not be used without permission.
13. PRIVACY AND DATA
13.1 Privacy Policy Governs Data Practices. Your use of the Platform is subject to and governed by our Privacy Policy, which is incorporated into this Agreement by reference and which describes in detail how we collect, use, store, share, protect, and delete your personal information and data. The Privacy Policy is available on the app and on the website at myunite-ed.com and is binding on all Platform users. You agree to review the Privacy Policy carefully before enrolling and periodically thereafter to stay informed of any updates or changes. By accepting this Agreement, you acknowledge that you have read and understood the Privacy Policy and that you consent to the data practices described therein. If the Privacy Policy conflicts with this Agreement, the Privacy Policy shall control with respect to data and privacy matters. We may update the Privacy Policy from time to time as described in Section 13.6 below.
13.2 Your Obligations Regarding Family and Student Data
You agree to comply with all applicable federal, state, and local data protection and privacy laws, regulations, and industry standards in all of your interactions with families and minors through the Platform or in connection with services facilitated through the Platform or resulting from Platform connections. Applicable laws may include but are not limited to the Children's Online Privacy Protection student privacy laws, state data breach notification laws, and any other privacy or data protection laws applicable in your jurisdiction or in the jurisdictions where your students reside. You are solely responsible for understanding your legal obligations under these laws and for ensuring your compliance. Unite-ED does not provide legal advice regarding your compliance obligations. 13.3 Confidentiality and Data Security. You agree to maintain the confidentiality of any personal information, educational information, sensitive information, health information, special needs information, family information, financial information, or any other non-public information about families or children that you receive or access in the course of providing educational services or in the course of communications with families through the Platform or outside the Platform. You agree to use such information only for legitimate educational purposes directly related to providing the educational services that the family has engaged you to provide, and you agree not to use such information for marketing purposes, not to share it with third parties except as necessary to provide the agreed-upon services (for example, sharing with a co-teacher or assistant), and not to use it for any purpose unrelated to the educational services. You agree to implement reasonable security measures appropriate to the sensitivity of the information to protect such information from unauthorized disclosure, unauthorized access, theft, loss, alteration, or misuse. Reasonable security measures include but are not limited to password-protecting electronic files, encrypting sensitive data, securing physical documents containing personal information, limiting access to information on a need-to-know basis, and properly disposing of information when no longer needed by shredding physical documents and securely deleting electronic files. You understand that improper handling of personal information, especially information about minors, can result in serious legal consequences including civil liability, regulatory penalties, and potential criminal charges, can cause substantial harm to families and children, and can damage your reputation and business. You agree to handle all such information with appropriate care, discretion, and professionalism. 13.4 Data Breach Notification. If you experience or become aware of any data breach, security incident, unauthorized access, unauthorized disclosure, loss, theft, or compromise of any personal information about families or children that you obtained through the Platform or through providing services to families you connected with through the Platform, you agree to notify the affected families immediately and to notify Unite-ED within twenty- four hours by email to admin@myunite-ed.com. You agree to cooperate with any investigation of the breach and to take all reasonable steps to mitigate harm and prevent further unauthorized access or disclosure. Depending on the nature and severity of the breach and applicable law, you may be required to provide formal breach notification to affected individuals, to regulatory authorities, to credit bureaus, or to other entities, and you are solely responsible for compliance with all applicable data breach notification laws. You may also be subject to regulatory penalties, civil liability, and lawsuits resulting from the breach. 13.5 Data Retention and Deletion. You agree to retain personal information about families and students only for as long as necessary to provide the educational services and to comply with any legal obligations such as tax recordkeeping requirements, and to securely delete or destroy such information when it is no longer needed. If a family requests that you delete their personal information or their child's information, you agree to comply with such request promptly unless you have a legal obligation to retain the information. 13.6 Privacy Policy Updates. We may update the Privacy Policy from time to time to reflect changes in our data practices, changes in applicable law, changes in technology, or for other reasons. We will provide notice of material changes to the Privacy Policy via email to the email address associated with your account and by posting the updated Privacy Policy on the Platform with a new "Last Updated" date. Your continued use of the Platform after such notice constitutes acceptance of the updated Privacy Policy. If you do not agree to the updated Privacy Policy, your sole remedy is to cancel your subscription in accordance with Section 7, subject to the cancellation and refund provisions set forth therein.
14. LIMITATION OF LIABILITY
14.1 Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITE-ED, INCLUDING ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR ANY OTHER WARRANTY. UNITE-ED DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, OR RELIABLE. UNITE-ED MAKES NO WARRANTIES REGARDING THE CONDUCT, QUALITY, QUALIFICATIONS, RELIABILITY, OR SAFETY OF EDUCATORS OR FAMILIES WHO USE THE PLATFORM. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM AND YOUR INTERACTIONS WITH OTHER PLATFORM USERS.
14.2 Limitation of Liability for Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITE-ED, INCLUDING ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM, YOUR INABILITY TO USE THE PLATFORM, YOUR INTERACTIONS WITH FAMILIES OR OTHER USERS, YOUR PROVISION OF EDUCATIONAL SERVICES, THE CONDUCT OR ACTIONS OF ANY EDUCATOR OR FAMILY, OR THIS AGREEMENT. THIS LIMITATION APPLIES TO DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, REPUTATION DAMAGE, EDUCATIONAL DISPUTES, BREACH OF CONTRACT BY FAMILIES, NON-PAYMENT BY FAMILIES, STUDENT INJURIES, ACCIDENTS, ALLEGATIONS OF MISCONDUCT, FAMILY COMPLAINTS, NEGATIVE REVIEWS, DATA LOSS, LOSS OF INFORMATION, SERVICE INTERRUPTIONS, PLATFORM DOWNTIME, SECURITY BREACHES, PRIVACY VIOLATIONS, PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, REGULATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER UNITE-ED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES WERE FORESEEABLE. 14.3 Cap on Liability. IN NO EVENT SHALL UNITE-ED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM, THIS AGREEMENT, YOUR SUBSCRIPTION, OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO UNITE-ED IN SUBSCRIPTION FEES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR PURPOSES OF THIS LIMITATION, IF YOU ARE ON A MONTHLY PAYMENT PLAN AND HAVE NOT YET PAID TWELVE MONTHLY INSTALLMENTS, THE LIABILITY CAP IS THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO DATE. 14.4 Application of Limitations. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH JURISDICTIONS, UNITE-ED'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 14.5 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 14 ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND UNITE-ED, THAT UNITE-ED WOULD NOT PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS, AND THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND UNITE-ED. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY PROVIDED HEREIN.
15. INDEMNIFICATION
15.1 Your Indemnification Obligations. You agree to indemnify, defend with counsel acceptable to Unite-ED, and hold harmless Unite-ED and its parent company, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, service providers, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, arbitrations, mediations, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, paralegal fees, expert witness fees, investigation costs, court costs, filing fees, deposition costs, trial costs, and litigation expenses) arising from, related to, or in any way connected with:
- a) Your use or misuse of the Platform or violation of any term of this Agreement;
- b) Your provision of educational services to families, including but not limited to claims of educational malpractice, negligent instruction, breach of contract, fraud, or misrepresentation;
- c) Your interactions with families or minors, including but not limited to claims of misconduct, abuse, neglect, inappropriate behavior, harassment, discrimination, or invasion of privacy;
- d) Any injury, harm, or damage to any person or property caused by your actions or omissions in the course of providing educational services, including personal injury, emotional distress, property damage, or economic harm;
- e) Your violation of any applicable law, regulation, ordinance, or industry standard, including but not limited to privacy laws, data protection laws, background check laws, employment laws, tax laws, consumer protection laws, or any other legal requirement;
- f) Your violation of any third-party rights, including but not limited to intellectual property rights (copyright, trademark, patent, trade secret), privacy rights, publicity rights, contractual rights, or any other personal or property rights;
- g) Your negligence, gross negligence, recklessness, or willful misconduct in connection with your use of the Platform or provision of educational services;
- h) Any content or information you submit to, upload to, or transmit through the Platform, including your Profile Content and any messages or communications;
- i) Any misrepresentation or breach of any representation, warranty, or covenant made by you in this Agreement;
- j) Any claim that your Profile Content or other content you provide infringes any third-party intellectual property right or violates any third-party right;
- k) Your failure to pay taxes or comply with tax obligations related to your income from educational services; or
- l) Any claim by a family, student, or other third party related to your educational services or conduct.
15.2 Defense and Settlement. This indemnification obligation includes the duty to defend the Indemnified Parties with counsel acceptable to Unite-ED against any such claim from the outset of the claim. You agree to cooperate fully with Unite-ED in the defense of any claim subject to indemnification, including providing information, documents, testimony, and reasonable assistance as requested. Unite-ED reserves the right to assume exclusive control of the defense and settlement of any claim subject to indemnification at any time, in which case you agree to cooperate with Unite-ED's defense of such claim and to comply with any settlement approved by Unite-ED. You may not settle any claim subject to indemnification without Unite-ED's prior written consent. If Unite-ED assumes control of the defense, you remain responsible for all costs and expenses, including Unite-ED's attorneys' fees. 15.3 Survival of Indemnification. This indemnification obligation survives indefinitely after termination of this Agreement, termination of your subscription, termination of your use of the Platform, and cancellation of your account. Your indemnification obligations continue with respect to any claims arising from events that occurred during the time you were a Platform user, regardless of when the claim is actually asserted.
16. MODIFICATIONS TO AGREEMENT
16.1 Right to Modify. Unite-ED reserves the right to modify, amend, update, revise, supplement, or change this Agreement, including any incorporated policies such as the Privacy Policy, at any time and from time to time in its sole discretion for any reason, including but not limited to changes in law or regulation, changes in business practices, changes in Platform features or functionality, addition of new terms to address new issues or technologies, clarification of existing terms, correction of errors or ambiguities, or for any other reason or for no reason. 16.2 Notice of Material Changes. We will provide notice of material changes to this Agreement, via conspicuous notification within the Platform that is displayed when you log in, or by posting the updated Agreement on our website at www.myunite-ed.com with a new "Last Updated" date at the top of the Agreement. Material changes are those that substantially affect your rights or obligations, such as changes to payment terms, refund policies, liability limitations, or dispute resolution provisions. Non-material changes, such as clarifications, corrections of typographical errors, or changes that do not affect your rights, may be made without notice. It is your responsibility to review the Agreement periodically and to check for updates. 16.3 Effective Date of Changes. Changes to this Agreement will become effective thirty days after notice is provided for material changes, or immediately upon posting for non-material changes. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified terms and your agreement to be bound by the updated Agreement. If you do not agree to the modified terms, your sole remedy is to cancel your subscription in accordance with Section 7 prior to the effective date of the changes, subject to your continued obligation to pay any amounts owed for your current Subscription Period as set forth in Section 7.2. Cancellation is the exclusive remedy for disagreement with changes to this Agreement. 16.4 Requirement to Review Changes. By continuing to use the Platform after notice of changes has been provided, you acknowledge that you have reviewed the changes, understand the changes, and agree to be bound by the modified terms. You may not claim that you did not receive notice of changes or did not read the changes if you continue using the Platform after notice was provided to your email address on file or posted conspicuously on the Platform.
17. TERMINATION
17.1 Termination by You. You may terminate this Agreement and your relationship with Unite-ED at any time by canceling your subscription as described in Section 7 of this Agreement. However, termination by you does not relieve you of your obligation to pay all amounts owed for your current Subscription Period, including all remaining Monthly Installments if you are on a monthly payment plan as set forth in Section 7.2, and does not entitle you to any refund as set forth in Section 9. Termination by you takes effect upon expiration of your current paid Subscription Period (or upon payment of all twelve Monthly Installments if you are on a monthly payment plan and that date is later than the end date of your Subscription Period), and you will retain access to the Platform until that time as set forth in Section 7.4. Upon effective termination by you, your license to use the Platform will immediately terminate, you must immediately cease all use of the Platform, and you will no longer have access to any Platform features, data, or content. 17.2 Termination by Unite-ED. We reserve the right, in our sole and absolute discretion and without prior notice, to immediately delete your profile, your access to the Platform, your educator profile, and this Agreement, effective immediately, for any reason or for no reason, including but not limited to:
- a) Violation of this Agreement or any of its terms, conditions, or provisions;
- b) Violation of any incorporated policy, including the Privacy Policy or any other policy referenced in this
- c) Agreement;
- d) Failure to pass or maintain background check requirements or discovery of disqualifying information in your background at any time;
- e) False or misleading information provided on your application, in your profile, in your background check authorization, or in any communication with Unite-ED or with families;
- f) Complaints of misconduct, unprofessional behavior, inappropriate conduct, harassment, discrimination, or safety concerns from families, students, other users, or any other source;
- g) Allegations or evidence of abuse, neglect, or harm to children;
- h) Non-payment of subscription fees, late fees, or other amounts owed, or repeated payment failures;
- i) Outstanding unpaid balances for more than fifteen days;
- j) Fraudulent or abusive use of the Platform or of your account;
- k) Providing false or misleading information about your qualifications, credentials, experience, or services;
- l) Engaging in illegal activities or activities that violate the rights of others;
- m) Attempting to circumvent Platform fees or policies;
- n) Violation of any applicable law, regulation, or legal requirement;
- o) Your conviction of or plea of guilty or no contest to any crime that would be a disqualifying factor under Section 3.2;
- p) Receipt of multiple negative reviews or complaints about your services;
- q) Any other reason that in our judgment threatens the safety, integrity, reputation, or proper functioning of the Platform or the well-being, safety, or interests of families, children, other users, or Unite-ED; or For any reason or for no reason in our sole discretion. Termination by Unite-ED may be immediate and without any prior notice or opportunity to cure.
Termination by Unite-ED is without refund of any fees paid, and you will remain liable for all amounts owed through the end of your current Subscription Period, including all remaining Monthly Installments if you are on a monthly payment plan. We are not required to provide you with a reason for termination, although we may choose to do so. Termination decisions are final and not subject to appeal. 17.3 Effect of Termination. Upon termination by either party for any reason, your ability to access and use the Platform immediately terminates, you must immediately cease all use of the Platform, you will no longer be able to log in to your account, your profile will be immediately deactivated and removed from family searches, families will no longer be able to view your profile or contact you through the Platform, you will lose access to all messages and communications in your account, and you will lose access to all data in your account. Unite-ED has no obligation to provide you with any data from your account after termination. Termination does not relieve you of any payment obligations, and all amounts owed remain due and payable after termination. The provisions of this Agreement that by their nature should survive termination will survive termination, including but not limited to Sections 5 (Payment Terms), 8 (Failed Payments), 9 (Refund Policy), 12 (Intellectual Property), 14 (Limitation of Liability), 15 (Indemnification), 17.3 (Effect of Termination), 18 (General Provisions), and any other provisions that by their nature are intended to survive. 17.4 No Liability for Termination. Unite-ED shall have no liability to you or to any third party for termination of your account or your access to the Platform, regardless of the reason for termination. You acknowledge that termination may result in loss of business opportunities, loss of income, inability to access messages or data, damage to your reputation, or other harm, and you agree that Unite-ED is not liable for any such harm or consequences resulting from termination.
18. GENERAL PROVISIONS
18.1 Entire Agreement. This Agreement, together with the Privacy Policy available on the app and the price plans available on the app at the time of subscription, and any other policies, guidelines, or documents specifically incorporated by reference herein, constitutes the entire agreement and understanding between you and Unite-ED regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, proposals, representations, understandings, negotiations, term sheets, or warranties, whether oral or written, regarding such subject matter. No modification, amendment, supplement, or waiver of any provision of this Agreement shall be effective or binding unless in writing and signed by an authorized representative of Unite-ED. No course of dealing, course of performance, or trade practice shall modify or amend this Agreement. 18.2 Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from this Agreement and shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect to the maximum extent permitted by law. In such event, the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the original intent and economic effect of the invalid or unenforceable provision in a manner consistent with applicable law. 18.3 Waiver. Our failure or delay in exercising or enforcing any right, power, remedy, or provision of this Agreement, or our course of dealing or course of performance, shall not constitute a waiver of that right, power, remedy, or provision or of our right to exercise or enforce that right, power, remedy, or provision in the future or to exercise or enforce any other right, power, remedy, or provision. No waiver of any breach or default of this Agreement shall constitute a waiver of any subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of Unite-ED to be effective. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any right or remedy. 18.4 Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles or rules. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, validity, or performance thereof, or relating to your use of the Platform, your relationship with Unite-ED, your provision of educational services, or any other matter relating to your subscription or use of the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect, except as modified by this Section 18.4. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitration shall take place in Orlando, Florida, or at such other location as may be mutually agreed by the parties, or may be conducted by telephone or video conference if both parties agree. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including but not limited to injunctive relief, but shall not have the power to award punitive or exemplary damages (which you hereby waive to the fullest extent permitted by law). The arbitrator's award shall be in writing and shall include a statement of the essential findings and conclusions upon which the award is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees in the arbitration unless the arbitrator determines otherwise in accordance with applicable law. Notwithstanding the foregoing agreement to arbitrate, Unite-ED may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, trade secrets, or proprietary rights, or to enforce the confidentiality provisions of this Agreement. 18.5 Class Action Waiver. YOU AND UNITE-ED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND UNITE-ED AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT INDIVIDUAL PARTY'S CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PLATFORM USERS. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE ARBITRATION AGREEMENT IN SECTION 18.4 SHALL BE NULL AND VOID, AND ANY PROCEEDING MUST BE BROUGHT IN COURT AS SET FORTH IN SECTION 18.6. 18.6 Forum Selection and Jurisdiction. If for any reason the arbitration provision in Section 18.4 is found to be unenforceable, or if arbitration is not required for a particular claim or dispute, or if you opt out of arbitration as permitted below in Section 18.7, then you agree that any judicial proceeding (other than small claims actions) shall be brought solely in the state or federal courts located in Orange County, Florida, and you consent to the exclusive jurisdiction and venue of such courts. You hereby irrevocably waive any objection to jurisdiction or venue in such courts and any claim that such courts are an inconvenient forum. 18.7 Opt-Out of Arbitration . You have the right to opt out of the arbitration agreement set forth in Section 18.4 by sending written notice of your decision to opt out to Unite-ED at the following address: Unite-ED, Attn: Legal Department - Arbitration Opt-Out, within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of the arbitration agreement, all other terms of this Agreement will continue to apply, and any disputes will be resolved in court as set forth in Section 18.6. Opting out of the arbitration agreement has no effect on any other agreements you may have with Unite-ED. 18.8 Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned, transferred, delegated, or sublicensed by you to any other person or entity without Unite-ED's prior written consent. Any attempted assignment in violation of this provision is void and of no effect. Unite-ED may freely assign, transfer, or delegate this Agreement and its rights and obligations hereunder to any person or entity, including but not limited to in connection with a merger, acquisition, sale of assets, sale of the business, reorganization, or change of control. This Agreement binds and inures to the benefit of each party's permitted successors and assigns. 18.9 Notice Provisions. All notices, requests, demands, and other communications required or permitted under this Agreement must be in writing and shall be deemed given:
- a) When delivered personally;
- b) When sent by confirmed email transmission;
- c) One business day after being sent by reputable overnight courier service; or
- d) Three business days after being mailed by first-class, registered, or certified mail, postage prepaid.
Notices to Unite-ED shall be sent to: Unite-ED Attn: Legal Department 6043 U.S HWY 17-92 North #203, Davenport, FL 33896 Email: admin@myunite-ed.com Notices to you shall be sent to the email address or physical address associated with your account as shown in your account settings. You are responsible for keeping your contact information current. Notice sent to your email address on file is effective regardless of whether you actually receive or read the email. We recommend adding our email domains to your safe sender list to ensure receipt of important notices. 18.10 Force Majeure. Unite-ED shall not be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, fires, floods, pandemics, epidemics, acts of war or terrorism, civil unrest, riots, government orders or restrictions, utility failures, internet service provider failures, telecommunications failures, strikes, labor disputes, shortages of materials or supplies, cyberattacks, denial of service attacks, or any other cause beyond Unite-ED's reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, Unite-ED's performance shall be excused for the duration of the Force Majeure Event, and Unite-ED shall be entitled to a reasonable extension of time to perform. If a Force Majeure Event prevents performance for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other party, subject to the payment and refund provisions of this Agreement. No Force Majeure Event shall excuse your payment obligations under this Agreement. 18.11 Independent Contractors. Nothing in this Agreement shall be deemed or construed to create a partnership, joint venture, agency relationship, or employer-employee relationship between you and Unite-ED. Each party is an independent contractor and has no authority to bind the other party or to incur any obligation on behalf of the other party. 18.12 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Families and other Platform users are not third-party beneficiaries of this Agreement. 18.13 Headings and Interpretation. The section headings and subsection headings in this Agreement are for convenience of reference only and shall not be deemed to affect the interpretation or meaning of the provisions of this Agreement. The words "including," "includes," and "include" shall be deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of similar import. The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole and not to any particular provision. The singular includes the plural and vice versa. "Or" is not exclusive. References to dollars or "$" mean United States dollars. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 18.14 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, including electronic counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. You agree that your electronic signature (including clicking "I Agree," checking an acceptance box, or completing the enrollment process) has the same legal effect as a handwritten signature and constitutes your binding acceptance of this Agreement. You agree that electronically stored copies of this Agreement shall be admissible in evidence to the same extent as original written documents. 18.15 Survival. The provisions of this Agreement that by their nature and content should reasonably survive termination or expiration of this Agreement shall survive, including but not limited to Sections 2.3 (Platform Liability Limitation), 5 (Payment Terms), 8 (Failed Payments), 9 (Refund Policy), 11.2 (Profile Accuracy), 11.3 (Prohibited Activities), 12 (Intellectual Property), 13 (Privacy and Data), 14 (Limitation of Liability), 15 (Indemnification), 17.3 (Effect of Termination), and 18 (General Provisions). Survival of any provision does not affect the termination of other provisions or of the Agreement as a whole. 18.16 Relationship to Other Agreements. This Agreement governs only your relationship with Unite-ED regarding your use of the Platform. This Agreement does not govern your relationships with families or your provision of educational services to families. You are responsible for establishing your own agreements with families regarding the terms of your services, payment, policies, and all other matters. Unite-ED is not a party to such agreements and has no responsibility or liability with respect to such agreements. 18.17 Language. This Agreement is written in English. Any translation provided for convenience is not binding. In the event of any conflict between the English version and any translation, the English version shall control.
19. ACKNOWLEDGMENT AND ACCEPTANCE
By clicking "I Agree," by checking any box indicating acceptance or agreement, by completing your enrollment and payment process, or by uploading a signed copy of this Agreement, you acknowledge, confirm, represent, and warrant that:
- a) You have read and carefully reviewed this entire Agreement in its entirety, including all sections and provisions;
- b) You have had sufficient opportunity to consider its terms, to ask questions about any provisions you do not understand, and to seek advice from legal counsel, accountants, business advisors, or other advisors of your choosing regarding how this Agreement may affect your rights, obligations, and business;
- c) You understand all of the terms and conditions set forth herein, including but not limited to the payment terms, the automatic renewal provisions, the cancellation policy and its effect, the no-refund policy and its absolute nature, the limitation of liability provisions, the indemnification obligations, and the arbitration and class action waiver provisions;
- d) You agree to be bound by all such terms and conditions without modification, reservation, or exception;
- e) You expressly agree to all terms and conditions of this Agreement, including the annual subscription commitment and the obligation to pay the full Annual Subscription Fee regardless of usage;
- f) You understand that the monthly payment option is not a month-to-month subscription but is merely a payment plan for your convenience that spreads the Annual Subscription Fee over twelve monthly payments and that you remain obligated to pay all twelve Monthly Installments even if you cancel before all payments are made;
- g) You understand you are entering into a binding annual subscription commitment that obligates you to pay the full Annual Subscription Fee for the entire twelve-month Subscription Period regardless of usage, regardless of satisfaction with the Platform, and regardless of how many families you connect with or how much income you generate through Platform connections;
- h) You acknowledge and accept that subscription fees are non-refundable under all circumstances, without exception, and that no prorated refunds, partial refunds, or credits will be provided for any reason, including early cancellation, non-use, dissatisfaction, technical problems, or any other reason;
- i) You consent to and authorize background check requirements if applicable to your category of service provider (individual educator or tutor) and agree to pay the background check fee;
- j) You understand and accept your role and status as an independent contractor and not as an employee, agent, or representative of Unite-ED, and you understand all of the implications of independent contractor status including tax obligations;
- k) You agree to maintain the highest standards of professional conduct and ethics in all interactions with families, children, and other Platform users;
- l) You agree to collaborate effectively, respectfully, and professionally with homeschooling families and to honor the primary role of parents as educational decision-makers;
- m) You agree to comply with all applicable laws, including but not limited to privacy laws, data protection laws, background check laws, and tax laws;
- n) You represent that you have the legal capacity, authority, and right to enter into this Agreement and to grant the licenses and authorizations contained herein;
- o) You represent that you are at least eighteen (18) years of age or older;
- p) You represent that your acceptance of this Agreement and your use of the Platform does not violate any other agreement to which you are a party, does not violate any applicable law or regulation, and does not violate any court order, administrative order, or other legal restriction to which you are subject;
- q) You represent that all information you have provided in your application, in your background check authorization, in your profile, and in all other communications with Unite-ED is true, accurate, complete, current, and not misleading in any way;
- r) You have reviewed the Privacy Policy on the app and on the website at www.myunite-ed.com and agree to its terms;
- s) You have reviewed the Fee Schedule at myunite-ed.com and understand the pricing for your selected plan; and
- t) You understand that by accepting this Agreement, you are waiving important legal rights, including the right to sue in court and the right to participate in class actions, and you have carefully considered these waivers and agree to them.
QUESTIONS OR CONCERNS
If you have any questions about this Agreement, if you require clarification of any terms or provisions, if you need assistance understanding your rights or obligations under this Agreement, or if you have concerns about any aspect of the Platform or the services provided, please contact us before completing your enrollment: Email : info@myunite-ed.com Phone : 863-514-6468 Mail : Unite-ED, Attn: Customer Support, 6043 U.S HWY 17-92 North #203, Davenport, FL 33896 Website : www.myunite-ed.com We are here to help and encourage you to reach out with any questions before you commit to the subscription. We want you to fully understand the terms of this Agreement before you agree to them. We strongly encourage you to seek independent legal counsel if you have questions about how this Agreement may affect your legal rights or obligations, if you do not understand any provision, or if you need advice regarding the legal or business implications of this Agreement.
SIGNATURE AND ACCEPTANCE
By affixing my signature, whether by handwritten signature, electronic signature, digital signature, or clicking any form of an “I accept this agreement” electronic box, I hereby confirm that I have read, understood, and agree to be bound by all terms and conditions of this Agreement. I acknowledge that this is a legally binding contract and that I am committing to a full annual subscription with no refunds under any circumstances.