Unite-ED Platform for Homeschool Educators, Tutors, Co-ops, Microschools, Hybrid Schools, and homeschooling families.
INTRODUCTION
This Homeschooling Service Agreement ("Agreement") is entered into between Unite-ED ("Platform," "we," "us," or "our") and parents, guardians, homeschooling families, and users who are not educators, microschools, hybrid schools, co-ops, or learning centers. ("Families," “Parents,” Users,” “Guardians,” "you," or "your" signing up with an account on the Unite-ED app. You acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement to make use of the Platform, which establishes the legal relationship between you and Unite-ED. IMPORTANT NOTICE: This Agreement contains an arbitration provision in Section 12.4 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 Homeschooling Service Agreement, including all exhibits, schedules, and documents incorporated by reference, as may be amended from time to time in accordance with Section 10. "Homeschooling Family" or "you" or "your" means parents, guardians, homeschooling families, and users who are not educators, microschools, hybrid schools, co-ops, or learning centers. that is a party to this Agreement and is networking or connecting to educational services such as, but not limited to, educators, tutors, microschools, co-ops, hybrid schools, or learning centers through the Platform. “Learning Centers” or “they” or “their” means a co-op, microschool, hybrid school, and any other learning entity. "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.
2. ROLE AND RELATIONSHIP
2.1 Independent Contractor Status . You acknowledge and agree that educators, tutors, and learning centers are all independent contractors and not employees, agents, partners, joint venturers, or representatives of Unite-ED. This independent contractor relationship means that Educators, Tutors, and Learning Centers maintain complete autonomy over their educational services, including but not limited to their teaching methods, pedagogical approaches, curriculum choices, scheduling practices, pricing structures, and all interactions and communications with homeschooling families who may engage in their services through the Platform. Educators, tutors, and learning centers are solely responsible for determining how, when, and where they provide their educational services, and Unite-ED exercises no control over the manner or means by which they accomplish their educational objectives. They may set eligibility requirements for students and the eligibility requirements set forth by educators, tutors, microschools, co-ops and other learning centers should not be accepted as any form of discrimination. You further acknowledge that educators, tutors, and learning centers 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 and educators or learning centers offering them, and homeschooling families seeking connectings with other families. 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, discrimination 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, educators, tutors, and learning centers are solely between you and those individuals, 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, educators, tutors, and learning centers 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 an educator.
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. The role of 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 the educator’s, tutor’s, and learning center’s services are provided in support of and subordinate to parental educational choices and philosophies. You agree to respect and honor the secondary role of educators, tutors, and learning centers as the support group for your children's education and to work cooperatively within the framework and parameters established by each educator, tutor, and learning center. You further acknowledge that educators, tutors, and learning centers may have eligibility requirements or curriculum requirements that don’t align with your values, in which case you may choose another educator without legal implications against the educator, tutor, and microschool. It is your responsibility as a homeschooling family to complete your research before hiring an educator, tutor, and learning center to make sure they align with your values and learning expectations. 2.5 Collaboration and Communication Requirements. You expressly agree to collaborate meaningfully with educators, tutors, and learning centers to actively engage them in your children's learning journey, respect their role as the secondary educational decision-makers, and maintain open, transparent, and regular communication about your children's progress, challenges, and achievements. You agree to welcome educator, tutor, and learning center input, to consider educational concerns and preferences in their educational approach, to be open to regular updates and feedback through mutually agreed-upon communication channels and at mutually agreed-upon intervals, to respond promptly to educational inquiries and concerns, and to work as a partner with educators, tutors, and learning centers. 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’re accountable for communicating respectfully with educators, tutors, and microschools to determine if they align with your educational philosophy, religious beliefs, cultural values, and parenting choices BEFORE hiring them.
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 mandatory and non-negotiable, without exception, for all individual service providers, excluding learning centers.
3.2 Background Check Standards and Disqualifying Factors
The educators and tutors background check must reveal no disqualifying factors in order for an educator’s and tutor’s 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 well-being 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. 3.3 Ongoing Disclosure Obligations. Educators and tutors must agree to immediately notify Unite-ED in writing within seventy-two hours if, at any time after their initial background check approval, they 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. They must also immediately notify Unite-ED if they become subject to any restraining order, protective order, or no-contact order, or if they 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 their 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 their account pending investigation and to terminate their account and access to the Platform if warranted in their Unite-ED's sole discretion. You acknowledge that Unite-ED does not perform background checks for Learning Centers, and you may inquire or request background checks as you deem necessary. 3.4 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 their 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 they should agree to respond to such inquiries directly, promptly, completely, and transparently. You may choose not to engage in services if an internal background check policies does not meet your standards or expectations. 3.5 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 educators and tutors claim to possess in their educator profile or in their communications with Unite-ED or families.
4. TEACHING PREFERENCES AND AUTONOMY
As an independent contractor providing educational services through the Platform, educators, tutors, and learning centers retain full discretion, authority, and autonomy to make all decisions regarding their educational offerings and business practices without direction, control, or interference from Unite-ED. Educators, tutors, and learning centers have the complete and unrestricted right to select the subjects, topics, and content areas they teach and to determine the scope and focus of their educational services. They have the right to choose their preferred curriculum, educational materials, textbooks, supplementary resources, and teaching methods without interference or direction from Unite-ED, and they bear sole responsibility for ensuring that their chosen materials and methods are appropriate, effective, legal, and consistent with any representations they make to families. They have the right to determine whether they offer online instruction via video conferencing or other remote delivery methods, in-person instruction at a specific 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 they may change their delivery methods at any time based on their business judgment and student needs. They have the right to set their own rates, fees, pricing structures, and payment terms according to their judgment of market conditions, their qualifications and experience, the value of their services, and any other factors they deem relevant, and they may offer different pricing for different services, different age groups, different subjects, group versus individual instruction, or any other pricing distinctions they choose to implement. They have the right to establish their 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 their business relationship with families. They have the right to determine their 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 they serve, and to discontinue services to any family at any time in accordance with whatever notice provisions they have established in their 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 their educational services according to their professional judgment, experience, pedagogical philosophy, and business objectives. This autonomy also means that educators, tutors, and learning centers bear full responsibility for the consequences of their business decisions, including pricing decisions that may affect their competitiveness in the marketplace, policy decisions that may affect their relationships with families, scheduling decisions that may affect their work-life balance, and pedagogical decisions that may affect educational outcomes.
5. ACCEPTABLE USE AND CONDUCT
5.1 Professional Standards and Ethical Conduct. You agree to maintain the highest standards of professional conduct, ethics, integrity, and professionalism in all interactions with educators, tutors, learning centers, homeschooling families, and other Platform users and educators, and 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, educators, tutors, and learning centers, and in your representations. You agree to honor all commitments, promises, representations, and agreements you make to educators, tutors and learnings centers regarding attendance, punctuality, payment terms, curriculum content, and learning methods. You agree to communicate promptly, clearly, and professionally with educators, tutors, and learning centers, to respond to educators' 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 educators, tutors, and learning centers to find mutually acceptable solutions when conflicts or issues arise. You agree to maintain appropriate professional boundaries and ethical standards in your relationships with educators, tutors, learning centers and other 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. 5.2 Profile Accuracy and Truthfulness. Your profile is your representation of who you are and why families, educators, tutors, and learning centers should engage with you. 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 any material or information about yourself or your family. 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 deleting, removing, or making your account invisible, and may expose you to legal liability for fraud, misrepresentation, or violation of consumer protection laws. 5. 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 information as described in Section 5.2;
- b) Harass, threaten, intimidate, stalk, abuse, defame, libel, slander, or engage in any inappropriate, unprofessional, unwelcome, or offensive behavior toward families, children, educators, learning centers and 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, educators, tutors, and learning centers, 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) 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;
- f) Allow any other person to use your account or to represent themselves as you through your account;
- g) Create accounts using false information or someone else's information;
- h) Use the Platform to recruit families or educators to competing platforms or services;
- i) Scrape, harvest, collect, or aggregate data from the Platform using automated means such as bots, spiders, or scrapers;
- j) Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Platform;
- k) Introduce viruses, malware, ransomware, trojan horses, worms, or other malicious code to the Platform;
- l) 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;
- m) Interfere with or disrupt the integrity, performance, or operation of the Platform or the servers or networks used to make the Platform available;
- n) Post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- o) Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation;
- p) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- q) Violate any applicable local, state, national, or international law or regulation; or
- r) 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, 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. 5.4 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.
6. INTELLECTUAL PROPERTY
6.1 Limited License to Unite-ED. 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 educators, tutors, learning centers and other 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 6.2, although Unite-ED may retain archived copies for legal compliance, record-keeping, and backup purposes as described in Section 6.3. If you update or modify your Profile Content, the license applies to the updated or modified content. 6.2 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 6.1 will terminate, except as provided in Section 6.3 regarding archived copies and as provided in Section 6.4 regarding continued use in certain marketing materials. 6.3 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 record-keeping 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. 6.4 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.
6.5 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 6.1, 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 9. 6.6 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, non- exclusive, 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.
7. PRIVACY AND DATA
7.1 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 to periodically review it 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 7.5 below.
7.2 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 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 Act (COPPA), the Family Educational Rights and Privacy Act (FERPA) where applicable, state 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 7.3 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 if you receive it in the course of communications with families through the Platform or outside the Platform. You agree not to use such information for marketing purposes, not to share it with third parties (for example, sharing with an educator or assistant), and not to use it for any purpose. 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. You agree to handle all such information with appropriate care, discretion, and professionalism. 7.4 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. 7.5 Privacy Policy Updates . We may update the Privacy Policy from time to time to reflect changes in our data practices, applicable law, technology, or other reasons. We will provide notice of material changes to the Privacy Policy by posting the updated Privacy Policy on the Platform with a new 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 delete your account according to Section 6.2.
8. LIMITATION OF LIABILITY
8.1 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.
8.2 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. 8.3 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 (IF APPLICABLE), OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE 8.4 Application of Limitations. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 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. 8.5 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 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.
9. INDEMNIFICATION
9.1 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 receiving educational services from educators, tutors, learning centers, and other homeschooling families, including but not limited to claims of educational malpractice, negligent instruction, breach of contract, fraud, or misrepresentation;
- (c) Your interactions with educators, tutors, learning centers, and other homeschooling families, 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, including personal injury, emotional distress, property damage, or economic harm;
- (e) Your violation of any applicable law, regulation, ordinance, or industry standard, 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;
- (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 or
- (k) Any claim by a family, student, or other third party related to your educational services or conduct.
9.2 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. 9.3 Survival of Indemnification. This indemnification obligation survives indefinitely after termination of this Agreement, termination of your account, 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.
10. MODIFICATIONS TO AGREEMENT
10.1 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. 10.2 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 on the Agreement. Material changes are those that substantially affect your rights or obligations, such as changes to payment terms, refund policies (if applicale), 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. 10.3 Effective Date of Changes. Changes to this Agreement will become effective thirty days after notice of material changes is provided, 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 account. Cancellation is the exclusive remedy for disagreement with changes to this Agreement. 10.4 Requirement to Review Changes. By continuing to use the Platform after notice of changes has been provided, you acknowledge that you have reviewed and 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.
11. TERMINATION
11.1 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 to educators, tutors, and learning centers, including all remaining Monthly Installments if you are on a monthly payment plan as set forth by the educator, tutor and learning center, and does not entitle you to any refund. Termination by you takes effect within thirty days. Upon your effective termination, 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. 11.2 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 Agreement;
- c) False or misleading information provided on your application, in your profile, or in any communication with Unite-ED or with families;
- d) Complaints of misconduct, unprofessional behavior, inappropriate conduct, harassment, discrimination, or safety concerns from families, students, other users, or any other source;
- e) Allegations or evidence of abuse, neglect, or harm to children;
- f) Fraudulent or abusive use of the Platform or of your account;
- g) Providing false or misleading information about your qualifications, credentials, experience, or services;
- h) Engaging in illegal activities or activities that violate the rights of others;
- i) Attempting to circumvent Platform fees or policies;
- j) Violation of any applicable law, regulation, or legal requirement;
- k) Receipt of multiple negative complaints about how you use the Unite-Ed app;
- l) 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
- m) 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. Unite-ED is 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. 11. 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. 11.4 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 lack of networking or connections, 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.
12. GENERAL PROVISIONS
12.1 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. 12.2 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. 12.3 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. 12.4 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 12.4. 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. 12.5 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 12.4 SHALL BE NULL AND VOID, AND ANY PROCEEDING MUST BE BROUGHT IN COURT AS SET FORTH IN SECTION 12.6. 12.6 Forum Selection and Jurisdiction. If for any reason the arbitration provision in Section 12.4 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 12.7, 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. 12.7 Opt-Out of Arbitration. You have the right to opt out of the arbitration agreement set forth in Section 12.4 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, 6043 US HWY 17-92 North #203, Davenport, FL 33896, 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 12.6. Opting out of the arbitration agreement has no effect on any other agreements you may have with Unite-ED. 12.8 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. 12.9 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 a 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: Unite-ED Legal Department 6043 US 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. 12.10 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. 12.11 Independent Contractors. Nothing in this Agreement shall be deemed or construed to create a partnership, joint venture, agency relationship, or employer-employee relationship between educators, tutors, learning centers, homeschooling families 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. 12.12 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. 12.13 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. 12.14 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. 12.15 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), 5.2 (Profile Accuracy and Truthfulness), 5.3 (Prohibited Activities), 6 (Intellectual Property), 7 (Privacy and Data), 8 (Limitation of Liability), 9 (Indemnification), 11.3 (Effect of Termination), and 12 (General Provisions). Survival of any provision does not affect the termination of other provisions or of the Agreement as a whole. 12.16 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 Educators, tutors, learning centers, and other homeschooling families or your provision of educational services to families. You are responsible for committing to your own agreements with educators, tutors, and learning centers 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. 12.17 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.
13. ACKNOWLEDGMENT AND ACCEPTANCE
By affixing my signature on this agreement, whether by handwritten signature, electronic signature, digital signature, or clicking an “I accept” electronic box, 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, regardless of usage;
- f) You understand and accept your role and status as the person responsible for your child’s education, and you are liable to comply with laws within your jurisdiction.
- g) You agree to maintain the highest standards of professional conduct and ethics in all interactions with families, educators, tutors, learning centers, and other Platform users;
- h) You agree to collaborate effectively, respectfully, and professionally with educators, tutors, and learning centers and to honor your primary role of parents as educational decision-makers;
- i) You agree to comply with all applicable laws, including but not limited to privacy laws, data protection laws, and other applicable laws;
- j) You agree that eligibility requirements set forth by educators, tutors, microschools, co-ops, hybrid schools, and other learning centers shall not be accepted as discrimination;
- k) 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;
- l) You represent that you are at least eighteen (18) years of age or older;
- m) 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;
- n) 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;
- o) You have reviewed the Privacy Policy on the app and on the website at www.myunite-ed.com and agree to its terms;
- p) You have reviewed the Fee Schedule at myunite-ed.com/priceplans and understand the pricing for your selected plan; and
- q) 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 US HWY 17-92 North #203, Davenport, FL 33896 Website : 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 below, whether by handwritten signature, electronic signature, digital signature, or clicking an “I accept” 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.