Please review these terms and conditions of use carefully before using 4Schoolers.
This document states the terms and conditions ("Terms") governing the access or use by you, an individual ("User"), from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by 4Schoolers, LLC, a Massachusetts limited liability company, and its subsidiaries and affiliates (collectively, "4Schoolers"). In these Terms, the words "including" and "include" mean "including, but not limited to" and the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices
These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively "using") the Services, you express your understanding and acceptance of these Terms. If you do not have authority to agree to these Terms or if you do not agree to be bound by these Terms, you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements with you. 4Schoolers may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on www.4schoolers.com
or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
4Schoolers reserves the right to amend these Terms at any time by posting such amended Terms to the www.4schoolers.com
The top of the Terms will indicate the date that revisions were last made. No other notification may be made to you about any amendments.
YOU ACKNOWLEDGE THAT YOUR CO. NTINUED USE OF THE SERVICES FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
You must be at least eighteen (18) years of age to use the Services. Use of the Services is not permitted where prohibited by law. 4Schoolers account users must to be at least 18 years old. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you.
You may register an account with 4Schoolers (an "Account") and use the Services as the primary Account-holder only if you are 18 years or older and capable of forming a binding contract with 4Schoolers and are not barred from using the Services under applicable law. Account registration requires you to submit to 4Schoolers certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or 4Schoolers's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify 4Schoolers immediately of any breach of security or unauthorized use of your account. 4Schoolers will not be liable for any losses caused by any unauthorized use of your account. Unless otherwise permitted by 4Schoolers in writing, you may only possess one Account. You may never use another User’s account without permission.
You may obtain Rides for yourself alone or when accompanied by other individuals (each, an "Other Passenger") or you may associate with your Account certain individuals on whose behalf you wish to schedule Rides (each, an "Account Passenger"). Account Passengers must be registered to your Account in order to participate in Rides.
The Services constitute a technology platform that enables users of 4Schoolers's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, schedule tutoring, backup babysitting or classes, including independent third party transportation providers and third party logistics providers under agreement with 4Schoolers or certain of 4Schoolers's affiliates ("Third Party Providers"). Unless otherwise agreed by 4Schoolers in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
FOR THE AVOIDANCE OF DOUBT, 4SCHOOLERS DOES NOT PROVIDE TRANSPORTATION SERVICES. IT IS UP TO THE DRIVER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A USER THROUGH THE USE OF THE SERVICES. ANY DECISION BY A USER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A DRIVER IS A DECISION MADE IN SUCH USER’S, OTHER PASSENGER’S OR ACCOUNT PASSENGER’S SOLE DISCRETION. 4SCHOOLERS OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY DRIVER USING THE SERVICES.
4Schoolers is not an agent or representative of Third Party Vendors and in accordance with is not liable for any injury, damages, or dissatisfaction resulting from any services or products provided by Third Party Vendors.
Subject to your compliance with these Terms, 4Schoolers grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by 4Schoolers and 4Schoolers's licensors.
This grant is terminable by 4Schoolers at will for any reason and at 4Schoolers’ sole discretion, with or without prior notice. Upon termination, 4Schoolers may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your access to or use of the Services, and/or (iii) remove and/or delete any of your User Content (defined below). You agree not to use or attempt to use the Services after said termination. Upon termination, the grant of your right to use the Services shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by 4Schoolers; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services;
The Services contain copyrighted material, trademarks and other proprietary information (collectively, "Proprietary Material"), including but not limited to photographs, text, graphical images, and the software, formula, method and algorithm which constitutes a trade secret of 4SCHOOLERS. You agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. You agree not to reverse engineer, disclose, or otherwise misuse the Proprietary Material.
4SCHOOLERS, the 4SCHOOLERS logo and the 4SCHOOLERS design are trademarks or trade dress of 4SCHOOLERS, and may not be used without express written permission from 4SCHOOLERS, other than for attribution. All other trademarks not owned by 4SCHOOLERS that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4SCHOOLERS.
Except as otherwise explicitly stated, all right, title and interest in and to the Proprietary Material and all copies thereof shall at all times remain the property of 4SCHOOLERS and/or its licensors. You shall not and shall not permit others to: (i) reproduce or copy any Proprietary Material except as permitted by applicable law; (ii) remove any copyright or proprietary notice contained or included in the Proprietary Material; or (iii) transfer the Proprietary Material or any part thereof without the prior written consent of 4SCHOOLERS. You shall not incorporate any Proprietary Material in any product designed, developed, marketed, sold or licensed by You. You shall not alter, modify or create any derivative work based upon the Proprietary Material without the prior written authorization of 4SCHOOLERS. Your obligations hereunder shall not depend on the presence or absence of any copyright and/or proprietary legends on any Proprietary Material.
Except as otherwise expressly permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, or other modification or commercial exploitation of any Proprietary Material made available through the Services will be permitted without the express written permission of the copyright owner. In the event of copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice will be made. The obligation to determine that material is not subject to 4SCHOOLERS's or third party's intellectual property right(s) rests with the User.
You shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain 4Schoolers's property or the property of 4Schoolers's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner 4Schoolers's company names, logos, product and service names, trademarks or services marks or those of 4Schoolers's licensors.
3. Your Use of the Services
User Requirements and Conduct.
You represent and warrant that all the information provided by you to us is accurate and current and that you have all necessary rights, power and authority to agree to these Terms and to perform the acts required of you under these Terms.
As a condition of your use of the Services:
- You agree not to use the Services for any unlawful purpose or in any way that is prohibited by these Terms;
- You agree to abide by all applicable local, state, national and international laws and regulations;
- You agree not to use the Services in any way that exposes us to criminal or civil liability;
- You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Services;
- You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
- You agree not to use or attempt to use any other party’s account on the Services without authorization;
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- You agree not to disable, circumvent, or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or which enforce limitations on the use of the Website or the Content therein;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Services to any third party;
- You agree not to reverse engineer any portion of the Services.
- You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
- In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
4Schoolers reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user’s use of the Services. Any use of the Services not authorized by these Terms is a violation of these Terms and certain federal and state laws, including the Computer Fraud and Abuse Act.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by 4Schoolers, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of 4Schoolers, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your Account or use of the 4Schoolers Platform or Services, updates concerning new and existing features on the 4Schoolers Platform, communications concerning promotions run by us or our third party partners, and news concerning 4Schoolers and industry developments. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you, including the "end" and "stopall" options described below. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the 4Schoolers Platform or the Services. You may opt-out of receiving promotional or marketing texts or calls from 4Schoolers at any time by texting the word END to the +1 781 789 4789 from the mobile device receiving the messages. You may also opt-out of receiving all texts or calls from 4Schoolers (including informational or transactional messages) by texting the word stop all to the +1 781 789 4789 from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the 4Schoolers Platform or the Services.
From time to time and at 4Schoolers’ sole discretion, 4Schoolers may offer certain Promotions for use of the Services. Such Promotions will be subject to certain terms, conditions and restrictions. You acknowledge that in order to use Promotions, you must use them in accordance with their terms, conditions and restrictions and that your failure to do so may result in their expiration or invalidation. 4Schoolers shall have no obligation to honor or reissue expired, invalidated or unused Promotions.
4Schoolers reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotion by you or any other user in the event that 4Schoolers determines or believes that the use or redemption of the Promotion was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
4Schoolers may, in 4Schoolers's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to 4Schoolers through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to 4Schoolers, you grant 4Schoolers a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and 4Schoolers's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Content. Specifically, you represent and warrant that you own the title to the User Content, that you have the right to upload the User Content to the Services, and that uploading the User Content will not infringe upon any other party’s rights or your contractual obligations to other parties.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by 4Schoolers in its sole discretion, whether or not such material may be protected by law. You acknowledge that 4Schoolers may at its sole discretion refuse to publish, remove, or block access to any User Content for any reason, or for no reason at all, with or without notice.
You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Content or your use of the Services in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding provided that we (a) promptly give you written notice of the claim, demand, suit or proceeding, (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you do not settle unless the settlement unconditionally releases us of all liability), and (c) provide you with all reasonable assistance, at your expense.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. 4Schoolers does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, 4Schoolers will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by 4Schoolers. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. 4Schoolers will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by 4Schoolers using the preferred payment method designated in your Account, after which 4Schoolers will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that 4Schoolers may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and 4Schoolers, 4Schoolers reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in 4Schoolers's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. 4Schoolers will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 4Schoolers may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
- Ride Fees. Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply. For 4Schoolers Line rides and select routes, Ride Fees may be quoted in advance. Ride Fees may be subject to a multiplier at times of high demand of the Services ("Prime Time") as determined by 4Schoolers. We will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time you request a ride.
- Trust & Service Fee. 4Schoolers may assess a per-ride "Trust & Service Fee" to offset 4Schoolers’s expenses, including but not limited to those related to promoting trust and safety on the 4Schoolers platform as well as other operational costs of running the 4Schoolers Platform. Such expenses are dynamic and may or may not exceed 4Schoolers’s Trust & Service Fee collections in certain markets. Excess Trust & Service Fee collections, if any, will be deemed general revenue.
- Cancellation Fee. In the event that you cancel a ride request on the 4Schoolers Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a "Cancellation Fee". We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the 4Schoolers Platform or the provision of Services.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a "Damage Fee" of up to $250 depending on the extent of the damage (as determined by 4Schoolers in its sole discretion), towards vehicle repair or cleaning. 4Schoolers reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where required by law 4Schoolers will collect applicable taxes. See your market’s 4Schoolers Cities page for details on other Charges that may apply. Any tips will be provided entirely to the applicable Driver.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment for Services, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge for Services for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus up to an additional $100 administrative fee. The liability specified in this paragraph will not limit 4Schoolers’s rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
You agree that you shall be liable for any and all charges resulting from the use of your account for Services– whether or not they are made by you. You agree therefore to keep your account details secure in accordance with these Terms and basic personal security practices. Upon your request, you will be given access to billing records that support charges resulting from your account’s use of the Services. You agree that you shall keep your account details, including payment methods up to date and accurate.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by 4Schoolers in 4Schoolers's reasonable discretion, 4Schoolers reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by 4Schoolers to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
The services are provided "AS-IS" and without any warranty or condition, express, implied or statutory. 4Schoolers specifically disclaims to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. 4Schoolers disclaim any warranties for viruses or other harmful components in connection with the Services.
4SCHOOLERS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL 4SCHOOLERS BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER SUCH DAMAGES ARISE FROM YOUR USE, MISURE OR INABILITY TO USE THE SERVICES, FROM YOUR RELIANCE ON ANY CONTENT ON THE SERVICES, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICES OR THE TERMINATION OF SERVICE BY 4SCHOOLERS. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US, OR OWED BY US TO YOU, PURSUANT TO THESE TERMS.
4SCHOOLERS'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT 4SCHOOLERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You hereby agree to indemnify 4Schoolers and hold 4Schoolers harmless from any and all third-party claims and expenses, including attorney’s fees, arising from your use of the Services or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release 4Schoolers, 4Schoolers’s officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and 4Schoolers, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and 4Schoolers are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and 4Schoolers otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med
or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and 4Schoolers otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10, 000 then the arbitration will be conducted solely on the basis of documents you and 4Schoolers submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. 4Schoolers will not seek, and hereby waives all rights 4Schoolers may have under applicable law to recover, attorneys' fees and expenses if 4Schoolers prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $15,000, 4Schoolers will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Class Action Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS 4SCHOOLERS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU, AND (IF APPLICABLE) ON BEHALF OF YOUR ACCOUNT PASSENGERS AND YOUR OTHER PASSENGERS, AGREE THAT, BY ENTERING INTO THESE TERMS, YOU, AND (IF APPLICABLE) YOUR ACCOUNT PASSENGERS AND YOUR OTHER PASSENGERS, AND 4SCHOOLERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Notwithstanding the provisions of the modification-related provisions above, if 4Schoolers changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing 4Schoolers written notice of such rejection by mail or hand delivery to: 25 Sherrin Road, Brookline, MA 02467, or by email from the email address associated with your Account to: [email protected]
within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and 4Schoolers in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Other Provisions
Choice of Law.
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BOSTON, MASSACHUSETTS.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to 4Schoolers's designated agent. Please visit 4Schoolers's web page at www.4schoolers.com for the designated address and additional information.
4Schoolers may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to 4Schoolers, with such notice deemed given when received by 4Schoolers, at any time by first class mail or pre-paid post to 25 Sherrin Road, Brookline, Ma, 02467.
You may not assign these Terms without 4Schoolers's prior written approval. 4Schoolers may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of 4Schoolers's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, 4Schoolers or any Third Party Provider as a result of this Agreement or use of the Services.
These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website www.4schoolers.com
. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term "including" is illustrative and not limitative.