TERMS OF SERVICE
TERMS
TERMS OF SERVICE FOR TUTORS
The following terms and conditions (the "Terms and Conditions") govern your use of the websites located at mypurplemango.com and www.mypurplemango.com and other websites and mobile applications on which MPM Inc. (a Canadian Corporation), or one of their affiliates (collectively, “we,” “us,” or “our”) posts these Terms and Conditions (collectively “Sites”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
You should also read our Privacy Policy which is incorporated by reference into these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, including our Privacy Policy, do not use the Site or the products and services offered on the Site. By accessing the Site, you consent to these Terms and Conditions in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account. Users under the age of 18 must (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
PROPRIETARY RIGHTS.
1. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant to you ownership of any content, software, code, data or materials you may access on the Site.
LIMITED LICENSE.
2. You may access and view the content on the Site on your computer or other internet compatible device and make single copies or prints of the content on the Site for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the Site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services. The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, non-commercial use.
3. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your use as related to the use needed by the Site only. You are not permitted to use our mobile site or mobile applications for any other use.
TRADEMARKS.
SUBMITTED MATERIALS.
6. For any academic source materials such as textbooks and workbooks which you submit to us in connection with our online tutoring services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your tutoring session, as “fair use” under copyright law.
7. You agree that we may record all or any part of any live online classes and tutoring sessions (including voice and video chat communications) for quality control and other purposes. You agree that we own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
CERTAIN OBLIGATIONS AND PROHIBITIONS.
10. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such products or services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's products or services in violation of any applicable law or the legal rights of any third party.
11. You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's products or services, or any content thereof, or make unauthorized use thereof.
12. You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.
13. You agree that you will treat our online students, administrators and trainers with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online student that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online student and agree that if any online student ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site, or the products, services, and information offered on the Site to recruit, solicit, or contact in any form students, tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission.
14. If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge).
RIGHT TO MONITOR AND EDITORIAL CONTROL.
PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
17. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Site Administrator with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the website (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
d. your address, telephone number and email address;
e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
18. Notice of claims of copyright infringement should be provided to our Site Administrator at support@mypurplemango.com
19. We may terminate the accounts of any infringers.
LINKS.
20. You may be able to link from the Site to third party websites and third-party websites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
21. You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our products or services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Site on another website, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
INDEMNIFICATION
PRODUCTS AND SERVICES.
24. You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line products and services.
25. To use products and servicesdelivered on or through the Site, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of our products or services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the products and services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any products or services available on the Site after we have terminated or suspended your access to the Site or the products or services on the Site.
DISCLAIMER OF WARRANTIES.
LIMITATION OF LIABILITY.
28. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
APPLICABLE LAWS AND ARBITRATION.
30. Expedited Arbitration Rules administered by the Canadian Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the Province of Ontario will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
31. Regarding claims:
(a) By using the Site, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or provincial courts located in the Province of Ontario.You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and us, will be governed by the laws of the Province of Ontario without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Arbitration Act, 1991, S.O 1991, C.17.
TERMINATION.
32. We may terminate, change, suspend or discontinue any aspect of the Site or the Site's products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
CHANGES TO TERMS OF USE.
33. We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
COMMUNICATION.
34. If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
MISCELLANEOUS.