Acadsoc User Agreement
Welcome to Acadsoc. The following User Agreement, which includes the Site Policies, isa contractual agreement between you and Acadsoc (including our corporate subsidiaries). The User Agreement together with the Site Policies is collectively referred to as the "Agreement" and as the "User Agreement." Certain defined terms used in this Agreement are available here. By visiting or using the services available from the domain and sub-domains of www.acadsoc.com (the "Site"), you are agreeing to be legally bound by the Agreement. We suggest that you consult the User Agreement and the linked information regularly for updates. We reserve the right to revise the User Agreement and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
CERTAIN DEFINED TERMS
As used throughout the Agreement: "Member Account" means the Acadsoc Account you created when you register to become a Member and use the Services. "Acadsoc Services" means any of the above Services that are delivered by Acadsoc. "Member" means a person or legal entity that registers for an Account. "Tutor" means a Member that offers and delivers Teaching Services. "Teaching Services" means all Services delivered by Tutors. "Acadsoc Account" means the account created by the Member to purchase and hold AC. "Acadsoc Credits (AC)" means a virtual currency purchased on Acadsoc to pay for Acadsoc Services. "Student" means a Member that investigates and purchases Teaching Services. "User" means (a) a person who is a Member, using the Site on his or her own behalf, or (b) a person who is using the Site on behalf of a Member that is a company or organization. "Visitor" means a person who is only visiting the Site, not a Member or User.
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Acadsoc will not be considered to have modified or waived any of our rights or remedies under the User Agreement unless the modification or waiver is in writing and signed by an authorized representative of Acadsoc. No delay or omission by Acadsoc in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the User Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Except for the payment of fees to Acadsoc, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Acadsoc makes the Site available as an online academic society where Members, both Students and Tutors (as such terms are definedabove), can locate and collaborate with each other and take advantage of the following Services (collectively, the "Services"):
Connection Services. The Site is also a platform where: (a) Members may upload information related to teaching and learning (b) Members conduct searches and locate, connect with, choose, and engage each other for the purposes of learning (c) Students conduct searches and locate, connect with, choose, and engage Tutors directly for education instruction; and (d)Tutors advertise their capabilities, respond to inquiries, and locate, connect with and engage to provide their Services directly to Students. In providing the Connection Services, Acadsoc only provides the platform for Students and Tutors to find and contact with each other. See the Site Policies for further descriptions of Connection Services.
Transaction Services.The Site is also a platform where Acadsoc providesStudents and Tutors certain collaboration, feedback, credit purchase and payment tools, dispute resolution process and dispute assistance, and other Services (collectively, "Transaction Services"). Transaction Services do not mean Connection Services. See Acadsoc Account Service Terms and Conditions, and Dispute Resolution Policy for further descriptions of Transaction Services.
For as long as Acadsoc continues to offer the Services, Acadsoc shall provide (and seek to update, improve and expand, in similar and different new ways) the Site and the Services which Acadsoc may update, improve, discontinue and change at any time, at Acadsoc’s sole discretion.
Our Services are available only to legal entities and individuals who can form legally binding contracts. To register for an Account with Acadsoc and become a Member, you must accept all of the terms and conditions in, and linked to, the User Agreement. Acadsoc reserves the rights in its sole discretion to refuse, suspend, or terminate service to anyone.
To become a Member and use the Services available from the Site you must register for an "Account". You must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its authenticity, accuracy and completeness. You must safeguard the userID and password you use to access this Site. We may rely on any use of the Site with your user ID and password as authorized by you. You must not register for more than one Account.
Acadsoc retain the rights to examine all users' profile photos and other photos, and reserve the rights to delete or change any photo that does not meet our requirements.
You agree to pay all fees applicable to your use of the Acadsoc Services, and you agree not to circumvent Acadsoc's fee structure, all in accordance with the Site Policies, and the Acadsoc Account Service Terms and Conditions.
Acadsoc Provides the Platform
Acadsoc makes the Site available as an online platform where Members locate and connect with each other and take advantage of the Services. Acadsoc is not fully responsible in the dealing and contracting between Students and Tutors, or in the Tutors' delivery of Instruction Services to Students. Acadsoc has no control over and does not guarantee the quality, safety or legality of Instruction Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Tutors to deliver Teaching Services, the ability of Students to pay for Teaching Services, or that a Student or a Tutor can or will actually complete a transaction.
Performance of User Agreement
Upon confirmation of session time and price by both the Student and the Tutor, the Student agrees to purchase, and the Tutor agrees to deliver, the Teaching Services in accordance with the User Agreement. Useragrees not to enter into any contractual provisions in conflict with the User Agreement. The Student and Tutor each covenants and agrees to act with good faith and fair dealing in performance of the Agreement. Furthermore, the Student and Tutor each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Student and the Tutor therefore agree that Acadsoc has the rights to take such actions with respect to the Agreement, including without limitation suspension, termination, or legal actions, as Acadsoc in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation to those applicable to the purchase and sale of Services from and by independent contractors.
Third Party Content, Verification and Monitoring
Acadsoc has no editorial control over content provided by third parties. Acadsoc is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content expressed or made available by third parties, including Members, are those of the respective author(s) or distributor(s) and not of Acadsoc. Acadsoc neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Acadsoc employees acting in their official capacities. Acadsoc does not confirm or verify if a Tutor claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
This Site may contain links to other websites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those websites, resources or services, including the online communication services, will be governed by the terms and policies of thosewebsites or resources or tutors. These services are owned and operated by the third party tutors and their licensors. You acknowledge and agree that Acadsoc is not responsible or liable for: (a) the availability or accuracy of such sites or resources; or (b) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.
The User Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Acadsoc, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Acadsoc and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
You are responsible for creation, storage, and backup of your records on Acadsoc. The User Agreement and any registration or subsequent use of this Site will not be construed as creating any responsibility on Acadsoc's part to store, backup, retain, or grant access to any information or data for any period.
The Services provided by Acadsoc or any of our licensors or Tutorsare provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the web site by any third party. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall we or our Tutors be liable to ourMembers for any special, indirect, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) $100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
If you have a dispute with another member, you release Acadsoc (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to defend, hold harmless and indemnify Acadsoc from and against any and all losses, costs, expenses, damages or other liabilities incurred by Acadsoc from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Acadsoc: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach ofAgreement or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Tutor; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Tutor.
Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
License and Site Access
Subject to and conditioned on compliance with the User Agreement, Acadsoc grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Acadsoc or the rights holder, unless such actions have previously been expressly permitted by Acadsoc or the rights holder for the content in question. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Acadsoc.
Reservation of Rights; Limited Licenses
Acadsoc retains all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Acadsoc logo and name are trademarks of Acadsoc, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the User Agreement confers any license under any of Acadsoc's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
NOTICES AND COMMUNICATIONS
Unless otherwise indicated in writing, Acadsoc will communicate with Users by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement. You will be considered to have received a communication when Acadsoc sends it to the email address you have provided to Acadsoc on this Site, or when Acadsoc posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from Acadsoc regarding violation, dispute or complaint within two (2) business days, Acadsoc will have the rights to terminate or suspend your transactionor your registration.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND ACADSOC
If a dispute arises between you and Acadsoc, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Acadsoc agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Acadsoc Services (a "Claim") in accordance with this section entitled "RESOLUTION OF DISPUTES BETWEEN MEMBER AND ACADSOC". Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
Law and Forum for Disputes
The User Agreement are governed in all respects by the laws without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Acadsoc must be resolved by a court or as described in“Arbitration Option” below. You hereby submit to the personal jurisdiction of the courts for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within thirty (30) days after it arises, or the cause of action is barred.
For any claim arising between you and Acadsoc (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than USD 6,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and Acadsoc," Acadsoc will be entitled to recover attorneys' fees and costs up to USD 1,300, provided that Acadsoc has notified you in accordance with the User Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Acadsoc or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (a) Acadsoc shall continue to perform those Acadsoc Services necessary to complete any open transaction between you and another Member; and (b) you shall continue to be obligated to pay Acadsoc and any Tutors for any Services for which you have engaged from Acadsoc or such Tutors in order to complete any such transactions.
Without limiting Acadsoc's other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration, and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of the User Agreement (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for Acadsoc or are contrary to the interests of the Site or Acadsoc Users. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
Without limiting Acadsoc's other remedies, to the extent you engage in actions or activities which circumvent the Acadsoc Site or otherwise reduce fees owed Acadsoc under the User Agreement, you will pay Acadsoc for all fees owed to Acadsoc and reimburse Acadsoc for all losses and costs (including any and all Acadsoc employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with your Account. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and Acadsoc," "General," and "Acadsoc Account Services Terms and Conditions" will survive despite termination of this Agreement.
NOTIFICATION OF ACADSOC MEMBERSYou acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member registration status to all Members. You therefore agree as follows: In the event Acadsoc suspends or terminates your registration, Acadsoc will have the rights but not the obligation to (a) notify other members engaged with you to inform them your suspended or terminated registration status, and (b) provide them with reasons for the action.
ACADSOC ACCOUNT SERVICE TERMS AND CONDITIONS
Appropriate UseIn addition to the Eligibility requirements described in the User Agreement, Acadsoc's Acadsoc Account Service is intended solely for use on Acadsoc to purchase Acadsoc Services. You must not establish more than one Acadsoc Account. AnAcadsoc Account is mandatory for purchasing Acadsoc Services which have an AC price.
Acadsoc Credits (AC)Acadsoc Credits (AC) is a virtual currency purchased from Acadsoc.com. They can be used solely on the Site to purchase Services and have no value outside Acadsoc.com. All Services on the Site are paid for with AC. AC purchased or received as payment for Services will be shown in a Member’s Acadsoc Account.
AC in anAcadsoc Account may be used to pay Tutors and to pay service fees, subscription fees, and wire transfer fees, and any other Services as may be added time to time onto the Site.
A Student may add AC to their Acadsoc Account by any of the methods available on the Site. The Student must reasonably intend that such amounts will be used to pay Acadsoc or Tutors for Services purchased through the Site.
A Tutor may add to their Acadsoc Account AC by directing that Students' payments for Services purchased on the Site and receive through the Payment Service added to their Acadsoc Account.
Acadsoc provides the Acadsoc Account Service and requires you to use it to purchase AC, and to request and make payments of AC to and accept payments of AC from other Members, for the purchase and sale of Services through the Site.
As a Student, you agree not to pay fees for Tutor Services unless the fees are originated fromAcadsoc’sAcadsoc Account Service, and as a Student you acknowledge that you are not obligated to pay fees unless the fees are originated from Acadsoc’s Acadsoc Account Service. As a Tutor, you agree to request fees from Students for Tutor Services only through requests for payment on Acadsoc’s Acadsoc Account Service, and you agree to use this system for all Acadsoc-originated business, whether first-time, repeat or follow-on. As a Tutor, you agree that a Student is not obligated to pay fees for Tutor Services unless you originated the request for payment through Acadsoc’s Acadsoc Account Service.
You acknowledge that: (a) Acadsoc is not a bank and the Acadsoc Account Service is a payment service rather than a banking service; and (b) Acadsoc is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (c) Acadsoc is not a bank, and amounts transferred through or stored in the payment service are not insured deposits. By receiving or sending AC through the Acadsoc Account Service or purchasing AC for your Acadsoc Account, you authorize Acadsoc to obtain the AC on your behalf and to transfer the AC to the recipient that you designate, subject to the terms and conditions of this Agreement.
Payment ProviderAcadsoc through its thirdparty partners acts as a payment provider by creating, hosting, maintaining, and providing the Acadsoc Account Service to you via the Internet. Acadsoc does not have any control over the Tutor Services purchased or sold with the Acadsoc Account Service, nor whether a Student or Tutor you are dealing with will actually complete the transaction. Nothing in the Acadsoc Account Service will be deemed to constitute Acadsoc your agent with respect to any Tutor Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the User Agreement.
InterestYou agree that you will not receive interest or other earnings on the AC in your Account.
How to Receive Payment for Services Using the Acadsoc Account ServiceTo receive payment from a Student, you must use the Acadsoc Account Service and you must follow the instructions and Acadsoc Account Service links on the Site and provide the information requested. As a Tutor, you acknowledge and agree that when you instruct Acadsoc to transfer AC from a Student using the Acadsoc Account Service, such instruction is a representation that you have completed the applicable Services fully and satisfactorily.
How to Pay for Services Using the Acadsoc Account ServiceTo pay a Tutor, you must use the Acadsoc Account Service and you must follow the instructions and links on the Site and provide the information requested. Unless you have a balance in your Acadsoc Account, Acadsoc will ask to charge your bank account or PayPal for the necessary amount. By providing us with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the applicable Payment Service web page. As a Student, you acknowledge and agree that when you instruct Acadsoc to pay a Tutor using the Acadsoc Account Service, such instruction: (a) is a representation that the Tutor has completed the applicable Services fully and satisfactorily, and (b) constitutes an irrevocable instruction to Acadsoc to transfer AC to the Tutor. Once Acadsoc has transferred AC to the Tutor, Acadsoc may not be entitled to demand return of the AC.
Authorized Payments are FinalYour use of the Acadsoc Account Service constitutes your agreement to transfer AC for any amounts which you authorize us to charge against your Account and, as appropriate, your bank account, PayPal account, or any other payment method available on Acadsoc.com. Such payments, once authorized, ARE FINAL. No refunds will be given for AC purchased.
AC Expiration PolicyAC in a Member’sAccount will be valid for as long as the member remains active on Acadsoc. If the member has not logged into his/her account at least once in the previous 6 months, the AC will expire. For a member to keep their AC active, they must login at least once every 6 months to their Acadsoc account. AC are then valid for another 6 months following the most recent login date.
CurrencyThe Acadsoc Account Service operates in AC which istied to USD and therefore Acadsoc is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than USD, nor is Acadsoc responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or Automated Clearing House when purchasing AC or withdrawing an AC balance.
Fund WithdrawalTo withdraw funds from your Acadsoc Account, you must request such funds using any of the withdrawal methods available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in thisUser Agreement. Notwithstanding any other provision of the User Agreement, if Acadsoc determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or User Agreement, Acadsoc will have the right to refuse to process the withdrawal.
Hold on Account FundsAcadsoc reserves the rights, at its sole discretion, to place a hold on funds if Acadsoc suspects monies were used in fraud or criminal activities. Acadsoc will release a hold as soon as practicable.
Disputes Between Students and TutorsAny disputes in connection with Services provided by Tutors or payments made by Students remain between such Students and Tutors. By using the Acadsoc Account Service, you agree to follow the Dispute Resolution Process. You further acknowledge that Acadsoc will not be a party to any such dispute. Acadsoc will attempt to take the actions set forth in the Dispute Resolution Process, but Acadsoc will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Acadsoc may, at its sole discretion, withhold or delay payment or continue to hold amounts or make payment or release amounts in the event of dispute between a Student and a Tutor.
Reservation of RightsAcadsoc reserves the rights to seek reimbursement from any Tutor and Tutor will reimburse Acadsoc if Acadsoc discovers erroneous or duplicate transactions for the amount of such transaction from such Tutor. Acadsoc may obtain such reimbursement by deducting from future payments owed to such Tutor, or obtaining reimbursement from such Tutor by any other lawful means. Failure to pay for reimbursements of is cause for termination of Services.
Removal of Material for Which Copyright Infringement is Claimed
Acadsoc has implemented procedures to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our Customer Service and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our Service and Members’Accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Users off the Siteif we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation to, conducting off-Acadsoc transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users who we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or to modify or discontinue AcadsocSites andServices.
SAFEGUARDING YOUR PASSWORDYou agree to safeguard the User ID and password you use to access this Site and to purchase AC. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, the contents of your Member Account (including feedback), and User ID may not be transferred or sold to any other parties.
POSTING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting your general profile or teaching profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Students, Tutors, Acadsoc or any other third parties. You understand that you may be held legally responsible for damages suffered by other Users, Members, Students, Tutors, Acadsoc or any third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Acadsoc Site. Acadsoc is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third parties, even if such information or content is defamatory or otherwise legally actionable. Acadsoc is not responsible for and does not monitor or censor content for accuracy or reliability. Acadsoc reserves the right to remove or restrict access to any information, content or project posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Acadsoc considers such information or content to be in violation of the User Agreement. You agree NOT to do any of the following on the Site:
• Use Acadsoc to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
• Post any listings that are fake, posted without the intention to award or complete the lessons or posted only to receive pricing information.
• Use Acadsoc to transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
• Use Acadsoc to transmit any content related to or containing any adult or sexually explicit material.
• Use Acadsoc in any manner related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
• Post advertisements, solicitations or offers of full-time employment.
• Post false or misleading information about a product, service or service request.
• Post logos, seals or slogans from third parties on the Site unless such material is provided by Acadsoc or an Acadsoc partner, or you have received express written permission from Acadsoc to display such third-party logo, seal or slogan.
• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
• Post or transmit unprofessional or offensive comments about a User, Member, Tutor, Student, Acadsoc or any third party.
• Use Acadsoc to transmit any content that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
• Suggest or solicit another User to contact you directly in order to buy or sell Services outside of Acadsoc.
• Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
• Tamper with postings of other Users, Members or Acadsoc.
• Solicit or gather any User's or Member's information available from the Site, such as User IDs and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
• Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
• Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from Acadsoc.
• Post or introduce software on the Site that: (a) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (b) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (c) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (d) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
• Frame or link to the Site except as permitted in writing by Acadsoc.
• Impersonate or misrepresent your affiliation with any person or entity.
• Repeat any action after you receive warning or request to desist from Acadsoc, whether or not that action is explicitly prohibited in the policies stated on the Site.
• Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
• Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from Acadsoc.
• Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Acadsoc or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, Acadsoc must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such content (in whole or in part) and/or to incorporate such content in other works in any form, media or technology now known or later developed.
TUTORAND STUDENT OBLIGATIONSYou agree to: (a) abide by the User Agreement and the processes and procedures described throughout the Site; (b) be financially responsible for your use of Acadsoc and the purchase of AC or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the most recent agreed upon terms by the Tutor and Student, unless such transaction is prohibited by law or by the User Agreement. Upon acceptance of Session terms, you agree to purchase the Services by transfer of a sufficient AC balance if you are a Student, or provide the Services if you are a Tutor, in accordance with the terms agreed to by the parties.
COMMUNICATIONAcadsoc encourages open communication between Students and Tutors. Students and Tutors can utilizeAcadsoc message system to clarify lesson or course descriptions, scope or any specific requirements. Open communication helps Tutors to develop relevant curriculum and Students to make informed decisions. You are encouraged to maintain an electronic record of all written communication including clarifications and agreements around lesson scope, deliverables, milestones, timeframes, price, feedback, requests for revisions, acceptance of deliverables and completion of milestones. Also, transcribe relevant conversations between Student and Tutor to maintain a record of what is agreed. In the event of a dispute, all written communication on Acadsoc will serve as the record for resolution of the dispute. A communication that is not referenced on Acadsoc cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Acadsoc may calculate a composite feedback number based on these individual ratings. Tutors agree to be rated by Students along several criteria, as determined by Acadsoc. Acadsoc provides its feedback and rating system as a means through which Users can express their opinions publicly, and Acadsoc does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Acadsoc's attention. You may be held legally responsible for damages suffered by other Acadsoc Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Acadsoc is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
• Leaving fake feedback for yourself or another User or Member such as using a secondary User ID or other Acadsoc members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
• Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
• Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, Acadsoc will consider removing feedback under the following scenarios:
• Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-Acadsoc related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
• Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
• Feedback or information posted is shown to have been left by any User who is in violation of Acadsoc's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
• Feedback or information posted is not directly related to transactions conducted through Acadsoc.
• Feedback or information posted makes any reference to actions taken or purported to be taken by Acadsoc or any law enforcement organization.
• When Acadsoc is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
• The User who left feedback provided Acadsoc with false contact information during the transaction period (as verified by Acadsoc) and cannot be contacted by Acadsoc.
• The User who left feedback is participating in an Acadsoc transaction with the intent of leaving feedback as part of a campaign to harass Acadsoc member(s) (as verified by Acadsoc).
PROVIDING SERVICESIf you wish to provide Services through Acadsoc, you must complete the Tutor registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. From time to time, your Member Account may be subject to verification as well as editorial and feedback reviews. Acadsoc can suspend or terminate your Member Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the User Agreement.
Guidelines for Creating a Lesson or a Course
You agree to utilize the following creation guidelines:
• Write a specificand detailed outline with clear scope, deliverables and lessons.
• Set expectations that you can meet or exceed.
When posting your listing you agree to:
• Not submit courses or lessons that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership.
• Not offer your Services in exchange for good feedback.
• Respond promptly, within one business day, to private messages from the Student.
• Respond promptly, within one business day, to any inquiry from Customer Service.
Violation of these guidelines may result in suspension or termination of the Project or of your Account. If you are aware of a potential violation, please contact Customer Service.
Guidelines for Providing your Services
You agree to utilize the following service provider guidelines:
• Once you have received a teaching request, use Acadsoc to manage the request and to maintain an electronic record of all written communication between you and the Student around scope, deliverables, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of sessions. Also, transcribe relevant conversations between you and the Studenton Acadsoc to maintain a record of what is agreed. In the event of a dispute, all written communication on Acadsoc will serve as the statement of record.
• Inform the Student of your availability and committed response time.
• Inform the Student if a committed deliverable will be missed, offering an explanation and proposing a revised date.
• Inform the Student if you will be unavailable for more than one business day.
• If you are unable to complete a session, alert Customer Service so that Acadsoc is aware of the situation and can offer assistance to the Student.
• Respond promptly, within 1 business day, to all session-related communication, whether from the Student or from Acadsoc.
• Utilize Acadsoc's Payment Service to maintain the privacy of your personal financial Account details; leverage Acadsoc's anti-fraud measures; maintain a record of all invoices and payments; add the project, feedback and transaction amount to your profile; and, in the event of a problem, have access to Acadsoc's Dispute Resolution process.
• Report any rating system violation by contacting Customer Service.
• After the session is completed, leave objective, balanced feedback.
Violation of these guidelines may result in suspension or termination of your Account. If you are aware of a potential violation, please contact Customer Service.
Service FeesFees due to Acadsoc are deducted upon transfer of AC to the Tutor’s Acadsoc Account. The balance shown on the Tutor’s Acadsoc Account is the full balance after all fees have been deducted. Acadsoc does not charge any fees for the Student or Tutor to register on Acadsoc.
Period of ExclusivityIf you are a student, you agree that for a period of one year after acceptance of teaching services found on Acadsoc, if you solicit or purchase any services from the same tutor you will do so exclusively on the site, whether such services are related to the previous services, or for new unrelated services. If you are a tutor, you agree that for a period of one year after acceptance of your teaching services, if you propose or provide any services to the same student you will do so exclusively on the site, whether such services are related to the previous services, or for new unrelated services.
Circumvention of Service Fees
You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
• Suggesting or soliciting Students to hire you outside the Acadsoc system.
• Reporting on the Site a service price different than that agreed between Student and Tutor.
Course Session Expiration PolicyCourse Session on Acadsoc are valid for six (6) months. Students are required to complete using the Services within the course within six (6) months upon purchase. A reminder will be sent to the Student when the expiration date of their courseis one month away. An additional reminder will be sent one week before the expiration date, requesting replies from the Student. If no reply has been received from the Student, then all remaining AC will be collected by Acadsoc.
Course Session Refund Policy
If a Student finds it necessary to cancel a course session which has already been partially fulfilled (for example, 3 lessonshave been taken in a 4lessons course), we encourage the two parties to reach an agreement on how to divide the AC’s remaining in the course. However, in the event that Acadsoc is asked to mediate, then we will use the following guidelines.
(a) If the tutor was responsible for the cancellation, then the tutor will receive AC’s for each lesson they have taught in the course at a rate of the entire cost of the courseevenly divided by the number of lessonsin the course, with the remaining AC’s going back to the student.
(b) If the student was responsible for the cancellation, then the tutor will receive AC’s for each lesson they have taught in the course at their regular rate for individual lesson up to the total price of the course, with any remaining AC’s going back to the student.
AC REFUND AND DISPUTE RESOLUTION PROCESS
A Student may request AC be refunded to their Acadsoc Account if the terms of their Agreement with the Tutor were not met. The Tutor may agree to the refund in which case AC will be immediately returned to the Student’s Acadsoc Account. If the Tutor disagrees to refund, the Student can raise a dispute to Acadsoc Customer Service for arbitration. AC for the payment of the session in question will be frozen until the resolution of the dispute.
Acadsoc’s decision on the dispute is final. Please note that in the case of a dispute, it is up to the Tutor and the Student to provide proof to Acadsoc to support their positions.
How to Avoid Disputes
Disputes often arise due to miscommunication and can often be resolved amicably between the parties. Acadsoc recommends the following steps to avoid disputes:
• Answer clarifying questions from Tutors or Students in a timely manner.
• Evaluate Tutors against criteria important to you, such as a Tutor's experience, education background, certifications, feedback from prior Students, communication style and cost.
• Ask for the Student’s and Tutor's time availability and standard response times.
• Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
• Use Acadsoc Message and E-Classroom to maintain an electronic record of all communication between the Tutor and the Student around scope, time frames, feedback, schedule changes, vacations, availability, delays, and lesson completion. In the event of a dispute, all communication through Acadsoc Message and E-Classroom will serve as the statement of record.
What if I Have a Dispute?
In the event that you have a dispute with another User, the Dispute Resolution Process consists of two phases:
• Member Resolution – The Student and Tutor will communicate and reach an agreement on whether AC refund to the Student Acadsoc Account is acceptable.
• Acadsoc Dispute Judgment – If the Student and Tutor cannot come to an agreement, then the dispute is brought to the attention of Acadsoc. Acadsoc will review all submitted materials pertaining to the dispute and make a final ruling.
For all disputes you must be aware of the following key dates:
"Session Date" means the date on which the agreed upon Session between the Tutor and Student occurred or was scheduled to occur.
"Dispute Initiation Limitations Date" means the date seven (7) days following the Session Date. A Student does not have a right to initiate a dispute after the Dispute Initiation Limitations Date. The time that the Dispute Initiation Limitations Date expires is exactly 168 hours (or seven full days) after the end or scheduled end of the Session in dispute. If no dispute has been initiated by the Student before the Dispute Initiation Limitations Date, then the Session will be considered fully valid and the Tutor will receive their payment. No further disputes will be heard in this case and the Student does not have the right to ask for Acadsoc Dispute Judgment.
"Contest Dispute Limitations Date" means the date seven (7) days following the Dispute Initiation Date. A Tutor may contest the dispute before the Contest Dispute Limitations Date. The time that the Contest Dispute Limitations Date expires is exactly 168 hours (or seven full days) after the Dispute Initiation Date. If the Tutor fails to respond to a dispute before the Contest Dispute Limitations Date, then the dispute will be considered fully valid and the AC will be returned to the Student’s Acadsoc Account. No further disputes will be heard in this case and the Tutor does not have the right to ask for Acadsoc Dispute Judgment.
Acadsoc Dispute JudgmentIn the case where a Student has initiated a dispute and the Tutor has contested the dispute in a timely manner, Acadsoc will review materials on Acadsoc.com regarding the session in question to help render its judgment. Acadsoc may, at its sole discretion, requestthe Student and the Tutor to provide any additional materials regarding the dispute. Acadsoc will make a ruling within 30 business days of the Contest Dispute Limitations Date and authorize release of AC to the Tutor’s Acadsoc Account if it finds in favor of the Tutor, or return AC to the account of the Student if it finds in favor of the Student. Acadsoc will be a neutral third party and will have no further obligations. No Acadsoc employee is authorized to make any recommendation or guaranty regarding the dispute.