THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHARE AVE, INC. DBA HOMEROOM, AND GOVERNS THE TERMS OF OUR SERVICE. PLEASE READ IT CAREFULLY.
1. General Policies.
(a) Environment: Courses are delivered in-person at a mutually agreed upon location.
(b) Preparation: To get the most out of session, be certain to have your child ready at the scheduled time.
(c) Observations and Photos: Following each session, a teacher will send you an email update with notes from the week. At times, these notes can can include information specific about your child’s performance as well as photos of their work. In order to prepare your update, Homeroom and the Educator will have access to these documents. We will only share them with your family, unless you provide approval to share elsewhere. If you prefer that your Educator refrain from taking any photos or notes of your child, please speak directly with Homeroom.
2. Billing and Payment Policies.
(a) Billing: All course fees from Homeroom will be charged via Stripe. When a charge is made, you will automatically receive a receipt from Stripe. Upon enrollment in a course, a user may be asked if they would like to opt into a payment plan. Payment plans are available for courses exceeding 10 sessions in length. If a user does not select a payment plan, the course fee will be charged on the first day of class. If a user does select a payment plan, the user will be charged ½ or ⅓ of their total course fee on their first day of class. The second or third payment will come ½ or ⅓ of their way through the course and so on, until the payment plan is complete. Opting into a payment plan does not excuse a user from completing all necessary payments from a course, even if a user does not complete the course. All users who enroll in a Homeroom course agree to pay said course in full.
No cash or checks are accepted for Sessions unless a different billing format is agreed upon.
(b) Late Policy: A Session may go over for a few minutes to allow for the completion of last minute work, but Sessions that are extended due to late or missed pickup after 10 minutes will be billed a late fee at the rate of $10 for every 10 minutes.
(c) Refunds: Pursuant to our satisfaction guarantee, if you are dissatisfied with your first Session, you may request a refund after your first Session, refunds will only be given in special circumstances, such as erroneous charges. If you believe you are entitled to a refund, please contact us to discuss the situation.
3. Hiring a teacher. Homeroom has invested considerable time and expense in locating, interviewing, and investigating the background of each teacher, and in developing our scheduling and payment system. For that reason, our teachers have agreed not to contract independently with any of our users. We also ask our users to respect what we do for them and to not independently contract with any of our teachers. If you hire a Homeroom teacher outside of Homeroom, this will be considered a breach of contract and will result in the removal of the teacher’s profile and you may no longer be eligible to use our service.
4. Assumption of Risk & Limitation of Liability. Although we conduct background checks and carefully vet each of our teachers, we can offer no guarantee of their conduct. Therefore, you expressly agree to assume any and all risks that may be associated with using our service. In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the use of our services, including without limitation, any property damage, injury, or death that occurs due to the deliberate or negligent acts of a teacher during or after the course of any session.
5. Indemnification. You agree to defend, indemnify and hold Homeroom, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (collectively “claims”), including but not limited to attorney's fees, arising from: (i) your use of our service; (ii) your violation of any term of these Terms of Service; or (iii) any claim brought by a teacher relating to any session or course that you scheduled through Homeroom.
6. No Warranty: THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. HOMEROOM PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
7. Arbitration of Disputes. You agree to arbitrate all disputes and claims that arise out of or relate to your use of our service. This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration in San Francisco, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
8. Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Francisco, California. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
9. Limitation of Actions. Any claim or cause of action arising out of your use of our service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Homeroom to enforce or exercise any provision of these terms of service or any related right shall not constitute a waiver of that right or provision.
10. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any policy or provision set forth in these terms of service, without advance notice to you. We will notify you of any changes to our terms of service by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of our service after the posting of changes constitutes your binding acceptance of such changes.
11. Entire Agreement. These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of our services, superseding any prior agreements between us. If any provision of these terms of service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
EFFECTIVE DATE: February 15, 2016
ACCEPTANCE OF TERMS
You agree that you are only authorized to visit and view the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute any text, images, graphics, videos, or other information featured on the Site (collectively “Content”) for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The Content and software on this Site is owned or licensed to Homeroom and is protected by U.S. and international copyright laws. You also agree not to use our Site to:
Violate or solicit the violation of any applicable local, state, national or international law;
Infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and,
Interfere with or disrupt our service.
You also agree to provide true, accurate, current and complete information about yourself as prompted by contact, scheduling, and application forms on our Site.
Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from our Site, except to use such information or content for purposes of listing our Site with a search engine or other service designed to direct users to this Site.
REPRESENTATIONS BY YOU
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
PRICING, BOOKING, AND ERRORS ON OUR SITE
Homeroom attempts to make sure that the information on this site is correct and complete. However, we make no representation that the information on the site is correct, complete or current, nor do we guarantee that our booking system will operate continuously and error free. Errors in content and functionality may periodically occur. If so, they will be corrected where discovered, and we reserve the right to revoke any offer and correct any errors, inaccuracies, or omissions. Prices and availability of sessions are subject to change without notice.
LINKS AND SEARCH RESULTS
The Site may contain links to sites operated by third parties throughout the Internet. Homeroom has no control over these sites or the content within them, and we do not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive, nor do we endorse the content of any third party site. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Homeroom for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
The trademarks, logos and service marks displayed on this Site are the property of Homeroom. Users are not permitted to use trademarks, logos and service marks without prior written consent. You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Homeroom or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. Homeroom shall retain exclusive ownership of all data, material and other information regarding the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
If you are notifying Homeroom of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512: (i) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (ii) A description of the allegedly infringing material and information sufficient to permit us to locate the material; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; (iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (v) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
DESIGNATED DMCA AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
NAME: Homeroom DMCA Agent
ADDRESS: 212 Clara Street, San Francisco, CA 94107
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER HOMEROOM, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HOMEROOM, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Homeroom makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
INTEGRATION AND SEVERABILITY
Share Ave, Inc. dba Homeroom
212 Clara Street,
San Francisco, CA 94107