FINDMYLOCALTEACHER.COM TERMS OF USE

 

These Terms of Use (hereinafter referred to as "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the  FindMyLocalTeacher.com Site and/or the FindMyLocalTeacher.com Services (as defined below).

 

For purposes of these Terms, the following definitions apply:

 

"Site" shall mean www.FindMyLocalTeacher.com and any other websites, web pages, mobile applications and mobile websites operated by Find My Local Teacher, LLC (hereinafter referred to as "Find My Local Teacher, LLC" or “FindMyLocalTeacher.com” or “Us” or "We").

 

"Services" shall mean any of the various services that We provide through the Site or any other channels, including without limitation, by phone, email or SMS messaging.

 

“Searcher” shall mean an individual who registers as a user and is searching for someone to provide teaching and/or tutoring services.

 

“Provider” shall mean a teacher and/or tutor who registers to have a profile on the Site.

 

“User” shall mean any individual or entity (including Searchers and Providers) that access the Site, whether or not they create an account. ( “Users” may also be referred to as “You” throughout the Terms)

 

It is your responsibility to read these Terms before using the Site or Services. By using the Site or Services, you hereby understand, represent, warrant and agree to accept these Terms in their entirety.

 

These Terms are subject to change by Find My Local Teacher at any time in its sole discretion. Should there be a material change in these Terms We will send notice either by sending an email to the email address registered in your account, or by placing a notice on our Site. For this reason, please regularly check the site for updates. Said material changes will be made two weeks after notice is given. This way you may decide whether you would like to continue using our Services or discontinue use. Non-material changes or clarifications will take effect immediately and no notice is required. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.

 

These Terms include the Find My Local Teacher Privacy Policy which is incorporated herein. If you object to anything in these Terms or the Privacy Policy, do not use the Site or the Services. 

 

  1.  Scope of Services; Verification Limitations; User Responsibilities

a. Scope of Services
Find My Local Teacher offers various Services to help connect Searchers and Providers. The Services we offer include, among others:

  • Allowing individuals seeking teaching and/or tutoring services to review teacher/tutor profiles on the Site (“Searcher”) and allow individuals who provide teaching/tutoring services to have profiles on the Site. ("Provider").

  • We provide search options on the Site to allow Searchers to narrow the pool of Providers they are interested in connecting with based on their specific needs and preferences.

  • The Providers undergo an application process, including submitting a questionnaire, undergoing an interview and submitting their teacher certification documents prior to their profile appearing on the Site. However, Find My Local Teacher does not conduct any background checks or further investigation or verification. Should a Searcher want such verification, it is up to the Searcher to seek it out independently.  

  • All payments made to Find My Local Teacher, LLC are non-refundable

  • We do not provide a platform on our Site for users and Providers to communicate. All communication should be done independently. Find My Local Teacher, LLC is not liable for any communication between Searchers and Providers.

Our Services continue to evolve. Please refer to our Site for more detailed information.

b. Verification Limitations

Our Site offers a means to help Searchers connect with Providers. However, Users understand and acknowledge that Find My Local Teacher, LLC does not employ any of the Providers. Searchers are responsible for all hiring matters (including compliance with all employment laws and otherwise) pertaining to any employment relationship established with a Provider. Further, We do not have control over the services actually provided by Providers. We also do not have any control over any of the actions of any of the Users of the Site. Therefore, we do not refer or recommend Searchers or Providers and do not make any representations about the quality, eligibility, suitability, reliability, timeliness, legality or accuracy of the services provided by Providers both on and off our Site.

We may provide Searchers with a customized list of profiles of potential Providers who meet their search criteria. However, in doing so, We are in no way making any kind of representation, referral to, or endorsement of any individual or entity, nor are we engaging in any conduct that requires a professional license.

 

Searcher and Provider content is provided by the individual. This includes Provider Profiles. We do not control or vet the content provided by Searchers or Providers for accuracy. Find My Local Teacher, LLC does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Searchers on or off this Site.

 

Find My Local Teacher, LLC is not responsible for the conduct or content (both on and offline), of any Searcher, Provider, or other User of the Site or Services. Find My Local Teacher, LLC expressly disclaims any liability that may result from the use and/or reliance upon any information provided on our Site. All Users hereby expressly agree not to hold Find My Local Teacher, LLC (or its’ officers, directors, employees, shareholders, investors, subsidiaries, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, and corporate partners hereinafter "Affiliates") liable for the actions or inactions of any Searcher, Provider, User or any other third party for any information, instruction, advice, services or any actions which originated through the Site. Find My Local Teacher, LLC and its Affiliates also expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

c. User Responsibilities 

Any screening by Find My Local Teacher of a Provider and the Providers information is limited to the process described herein.
Searcher acknowledges it is no way intended to serve as an accurate, complete or even current account of the individual's or entity's suitability as an employee, employer or provider. Searchers are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, determining the accuracy of information provided by and selecting an appropriate Provider for themselves.

 

Each Searcher is responsible for complying with all applicable employment and other laws regarding any employment relationship they establish with a Provider. Searchers acknowledge and agree to comply with all laws and regulations involving taxes, minimum wage, payroll and work eligibility, among others. If Searcher is a parent, you also hereby expressly agree to assume the responsibilities referenced below and on behalf of your children.

2.  Site and Services Eligibility

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:

  • You are at least  eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.

  • You are legally in the United States.

  • If you are registering to be a Provider, you must be permitted to legally work within the United States.

  • Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or conviction of any felony and/or any criminal offense involving violence, negligence, fraud/dishonesty, theft or drugs, or any offense that involves endangering the safety of others or you are registered, or currently required to register, as a sex offender with any government entity.

  • You must not be using our Services for reasons that are in competition with Find My Local Teacher.

3. Content and Conduct Rules 

a. Registration and Content

Searcher and Provider are responsible for all information they provide to Find My Local Teacher, LLC, including but not limited to personal information, photos, images, videos, writings, completed forms, notes, reviews/feedback, any information displayed on our Site and any documentation exchanged (collectively “Content”).

  • Searchers and Providers will register their account in their own legal name.

  • Searchers and Providers are responsible for providing accurate, current and complete information in connection with the registration for use of the Site and Services.

  • You have the right, and hereby grant Find My Local Teacher, LLC, and its Affiliates and successors, an irrevocable, non-exclusive, perpetual, transferable, fully paid-up, worldwide license and permission to use, copy, perform, display, reproduce, adapt, modify and distribute your Content, including the production of works derived from said content or to incorporate into other works and to grant and authorize sublicenses of said content. You further represent and warrant that public use of any of your Content will not infringe or violate the rights of any third party.

  • Searchers and Providers understand and agree that Find My Local Teacher, LLC may, in its sole discretion, review, edit, and delete any Content provided by Searcher and/or Provider.

  • Find My Local Teacher, LLC is not responsible or liable for any claims, complaints, damages or otherwise relating to any inaccurate, incomplete or misleading information provided by any User on the Site.

Find My Local Teacher, LLC does not guarantee the accuracy of any information on the Site or available through the Service, or adopt, endorse or accept responsibility for the accuracy of any opinion, advice, or statement or any other information made by any party that appears on the Site or through the Service. Each author is responsible for what they author. Under no circumstances will Find My Local Teacher, LLC or its Affiliates be responsible for any loss or damage resulting from and reliance upon information on or from the Site or Services, including reviews or comments made about you on the Site by other Users.

You agree that Find My Local Teacher has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may email us for review. You hereby agree not to terminate your account and re-register in order to prevent a review from being associated with your account.

Find My Local Teacher, LLC hereby expressly disclaims any liability whatsoever and Users hereby agree to hold Find My Local Teacher, LLC harmless for any inaccurate statements, misstatements and/or misrepresentations made by any Users of the Site.

 

b. Restricted Use

  • If you are a Searcher, you may use your account only to find a Provider for yourself, your children, individuals for whom you are legal guardian. If you are a Provider, you may use your account only to find teaching/tutoring opportunities for yourself. You are responsible for all activity on your account which may not be transferred or assigned.

  • By using the Site or Services, you agree that you will not under any circumstances: 

  • use the Site, Services, or any information contained therein in any way that is abusive, harassing, discriminatory, threatening, obscene, defamatory, libelous, or otherwise offensive;

  • use the Site or Services for any fraudulent or unlawful purpose;

  • use another User's account;

  • attempt to re-register with the Site if we have terminated your account for any or no reason

  • Attempt to terminate them re-register your account to prevent a review from being associated with your account;

  • provide false, misleading or inaccurate information when creating an account on the Site or using the Services;

  • interfere or attempt to interfere with the proper functioning of Find My Local Teacher, LLC’s Site or Services;

  • interfere with or attempt to bypass any areas with restricted access to the Site or Service or use any software or technology to collect or manipulate data (whether automated or manually)

  • use the contacts made on the Site for any solicitation purposes (whether personal or commercial);

Should we find that you violated the terms of this Section or any terms stated herein, Find My Local Teacher, LLC reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services and/or block your IP address from accessing the Site.

c. Verification of Information Provided

By registering as a Provider you authorize Find My Local Teacher, LLC, should it chose to do so, in its sole discretion and for any purpose, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties made in this Term of Use agreement are accurate. (“Information Checks”)

 

In response to the information gathered in said checks, Find My Local Teacher, LLC may, in its sole discretion take any action it deems necessary to preserve the integrity of its Site and Services, including but not limited to terminating your account.

Find My Local Teacher, LLC also reserves the right to relay any information gathered in said checks to any third party it deems necessary including but not limited to law enforcement.  

 

BY AGREEING TO THESE TERMS YOU AGREE TO ALLOW FIND MY LOCAL TEACHER, LLC TO PERFORM INFORMATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE TO BE PERFORMED, YOU SHOULD NOT USE THE SITE.

4. Termination

Find My Local Teacher, LLC reserves the right, in its sole discretion, without any notice to you, to immediately terminate your access to all or part of the Site and/or Services, to remove your profile and/or any of your content and/or to terminate your account with FindMyLocalTeacher.com with or without notice for any reason or no reason. Some examples include ineligible to use the Services, violation of any of these Terms, and use of content for competitive purposes. Upon termination, Find My Local Teacher, LLC shall be under no obligation to provide you with a copy of any content from the Site.

If a Provider was terminated as referenced above, Find MY Local Teacher, LLC reserves the right to inform Searchers whom the Provider may have had contact with of Provider’s termination with the Site.

5. Privacy

Find My Local Teacher, LLC uses the information you provide on the Site or via the Services in accordance with our Privacy Policy, which is as follows:

Regardless of whether you have an account with the Site, all information that you provide to Us when applying, interviewing, registering, creating a profile, or otherwise provided on the Site or by phone, email, postal mail or otherwise, will be stored by Us.

  • You represent and warrant to Us that you have the right and authority to provide us with said information.

  • The following information may be stored (this is not an exclusive list):

  • Personal information (name, email, phone number, address, gender, birthday)

  • Payment information such as credit card number, expiration, security code and billing address;

  • Information provided in your profile (type of services provided, availability, schedule, location, hourly rate, background, experience, education, employment history, biography and any other information you chose to include);

  • Information provided in the Profile Application and Interview whether by phone, text, email, fax or U.S Mail;

  • Information Provided by others including ratings and reviews of Providers or information exchanged between Users;

  • By third parties to check or verify your information;

  • Any photos or videos provided

 

We may automatically collect information about the computer or devices you use to access the Site or Services. These include:

  • IP addresses, Log Files and other information about your computer and mobile device

When you visit the Site, depending on how you access it, We receive the internet protocol ("IP") address of your computer or the mobile operating system of your mobile device. We also receive your computer operating system, the type of web browser you are using, browser language, unique identifiers and other information about your mobile or other device(s). This information may be correlated with other information we have about you. We may also automatically collect information related to the ways in which you interact with the Site and the Services, including but not limited to URLs, type of platform used, number of clicks, domain names, landing pages, what you viewed, the amount of time spent on each page, the date and time you use the Site and Services, error logs, and other similar information. 

 

  • Cookies

A cookie allows us to recognize you when you return to the Site using the same computer, mobile device and web browser. Like most websites, We use cookies to track Site usage and trends, and monitor advertisement effectiveness, among other things to continue to improve the quality of our Site. You can modify your browser settings to decline cookies. In some cases, however, doing so may impact your ability to use our Site.

We also use Google Analytics to measure Site usage and improve our visitor experience. This data is provided to Us by Google in the aggregate, meaning individual users are not identified. This allows Us to better understand our Site audience.

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings form at https://www.google.com/settings/ads

Some browsers used to access the Internet may give you the option through "Do Not Track" settings to request that a website not track your information. While we do not currently honor such browser requests, you retain the ability to opt out of certain online analytics and advertising activities as discussed above.

In addition to collecting your information as noted above, Find My Local Teacher, LLC shares said information with various third parties, which include but are not limited to:

  • All site visitors and registered users- certain users will have full access to your profile with all of the information you provided in your application and interview

  • Vendors and service providers- We also share information with vendors with whom we have a business relationship who perform services for Find My Local Teacher, LLC including, but not limited to, vendors who provide email, demographic information, or location information services, vendors who perform background checks or Pre-Profile screens, vendors who process or accept credit card payments, vendors who send SMS messages to a User’s mobile phone numbers, vendors who provide services that enable us and other third parties to detect and prevent fraud, in each case to the extent applicable

By becoming a User, you are consenting to receive certain email and/or SMS message communications from us, such as special offers, practice tips, notifications of new Searchers or Providers in your area, customer surveys and administrative notices. To opt out, please follow the prompts in the notifications.

If you close your account, we will remove your profile from our Site and may delete any or all of your account information. However, we may retain information related to you for the following un-exclusive list of reasons: prevent fraud/abuse, business purposes (examples would be the analysis of aggregated information), auditing, enforcing our rights and obligations under any agreements, or if required by law. Other information you have shared with others, or that others have copied, may also remain visible. Your information may also be visible on certain search engines which Find My Local Teacher, LLC has no control and which may appear even after Find My Local Teacher, LLC deletes your account. Find My Local Teacher, LLC disclaims any liability in relation to the deletion or retention.

We reserve the right to change this Privacy Policy and our Terms of Use at any time. We will notify you about material changes. Please see above for details regarding notifications of changes to terms of use, which are identical for changes to this privacy policy.

6.  Payment, Renewal, Cancellation and Refund Policy

To have access to Find My Local, LLC’s Site and Services Users will be required to pay a recurring subscription, one-time, or other fees.

a. Payment

If you sign up for a for a paid membership to FindMyLocalTeacher.com, you agree to pay Us all charges associated with the plan you choose as detailed on the Site at the time you subscribe. You also authorize Find My Local Teacher, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. Find My Local Teacher, LLC reserves the right to correct any billing or payment errors made even if payment has already been requested or received. User is responsible for any state or local sales taxes associated with this purchase.  

b. Automatic Renewal and Cancellation Policy

You may cancel your paid membership subscription at any time by following the prompts on the Site. If you cancel your subscription, you may still be able to use the Site until the end of your subscription term. Upon expiration of this term, your subscription will not be renewed, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination as disclosed on the Site.

 

YOUR PAID MEMBERSHIP SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR SUBSCRIPTION COMMITMENT PERIOD YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.

c. Refund Policy

ALL PAYMENTS MADE TO FIND MY LOCAL TEACHER, LLC ARE NON_REFUNDABLE. Find My Local Teacher, LLC does not provide refunds or credits under any circumstances, unless it determines, in its sole discretion, that a refund or credit is warranted due to extenuating circumstances.

7. Release of Liability for Conduct and Disputes

Find My Local Teacher, LLC is not an employer of any Providers. Searchers may browse profiles of Providers when seeking teaching or tutoring services.

By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Find My Local Teacher, LLC harmless for any claim or controversy that may arise out of the actions of or relationship between any User (including both Searchers and Providers). You agree to take reasonable precautions in all interactions with Searchers, Providers or other users of the Site or the Services, particularly if you decide to meet in person. By using the Site or the Services, you agree to immediately notify and report to Find My Local Teacher, LLC any alleged improprieties via email to info@FindMyLocalTeacher.com.

 

8. Disclaimers, Waivers and Indemnification

FIND MY LOCAL TEACHER MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A PROVIDER OR TO EMPLOY THE SERVICES OF A PROVIDER.

a. No Warranties

The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services (INCLDUING PROVIDER PROFILES), but not directly by Find My Local Teacher LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Users agree and acknowledge that we, in no way, make any warranties, representations or guarantees that a match between Providers and Searchers will be made by using the Site or Services or that you will find a Searcher or Provider who meets your specific criteria. Searchers and Providers use their own judgement and discretion when deciding to connect and/or enter into an employment relationship and We have no control over said decision. 

 

FIND MY LOCAL TEACHER, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION, NOR DOES IT ENDORSE OR IN ANY WAY ACCEPT RESPONSIBILITY FOR THE RELIABILITY OF ANY OF THIS INFORMATION. FIND MY LOCAL TEACHER FURTHER DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTURUPTED, ALWAYS AVAILABLE, OR WITHOUT DEFECT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FIND MY LOCAL TEACHER, LLC EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

 

b. Limitation of Liability

Others’ Actions: UNDER NO CIRCUMSTANCES WILL FIND MY LOCAL TEACHER, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT RECEIVED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH ANY USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

Incidental and Aggregate: In no event will Find My Local Teacher, LLC be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including but not limited to information or communication received from or as a result of us of the Site or Services, failure of performance, errors/defects, delays or failure  in system operations (including computer viruses), even if Find My Local Teacher, LLC, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You expressly acknowledge and agree that Find MY Local Teacher’s aggregate liability in any form of action whatsoever in connection with this Agreement or in the use of the Site or Services, exceed the price paid by you for your account (regardless if said account is still current), or if you have not paid for an account, the amount of $50.00.

 

Under no circumstances should any information received from the Site or Services replace or substitute any professional financial, medical, legal, or other advice. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

c. Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with any Users of the Site or the Services. You agree to take all necessary precautions when interacting with other site Users.

d. Indemnification

USERS HEREBY AGREE TO HOLD HARMELSS FIND MY LOCAL TEACHER, LLC AND ITS AFFILIATES FROM ANY CLAIM ARISING OUT OF THE USE OF THE SITE OR SERVICES. USERS FURTHER AGREE TO HOLD HARMLESS FIND MY LOCAL TEACHER AND ITS AFFILIATES FROM ANY CLAIM ARISING FROM A THIRD PARTY’S USE OF INFORMATION OR MATERIALS OF ANY KIND FROM THE SITE OR SERVICES.

 

By agreeing to these Terms, users of the Site and Services you agree to indemnify, defend and hold harmless Find My Local Teacher, LLC and its Affiliates from and against any and all claims, losses, expenses, liability, and damages, including attorney fees and costs incurred by Find My Local Teacher, LLC and its Affiliates in connection with any third party claim arising out of these Terms and/or the use of the Site or Services. This includes but is not limited to claims arising out of the information and content you provide, your use of the Site and Services in violation of these Terms or any applicable laws and any relationship or agreement formed between Users using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Find My Local Teacher, LLC and its Affiliates reserve the right, at their own expense, and at any time, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the prior written consent of Find My Local Teacher, LLC.

9. Agreement to Arbitrate and Prohibition of class and other non-individual actions for relief

Find My Local Teacher, LLC is always interested in resolving disputes amicably and efficiently. Therefore, please contact us first to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at info@findmylocalteacher.com

 

Absent any opt-out action on your part in accordance with the below procedure, you hereby agree that all claims that have arisen or may arise between you and Find My Local Teacher, LLC or its Affiliates, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, and not in the courts. This shall be done in accordance with the terms of this Arbitration Agreement. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

YOU AND FIND MY LOCAL TEACHER, LLC AGREE THAT ANY CLAIMS BROUGHT AGAINST THE OTHER WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND FIND MY LOCAL TEACHER, LLC EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST FIND MY LOCAL TEACHER, LLC. ALSO, THE ARBITRATOR MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes, the remainder of this Agreement, however, shall remain in effect.

 

The arbitration shall be held in Oakland county or at another mutually agreed upon location. If the value of the relief sought is $10,000 or less you or Find My Local Teacher, LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this agreement. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions stated herein.The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan. The arbitrator shall not be bound by rulings in prior arbitrations involving different Find My Local Teacher, LLC Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law.

 

Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees, interest and costs. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Find My Local Teacher, LLC may decide to pay your portion of such fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Find My Local Teacher, LLC for all fees associated with the arbitration.

 

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after you registered with the Site. It shall be mailed to 31700 W. 13 Mile Rd. Ste. 203 Farmington Hills, MI 48334. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out Find My Local Teacher, LLC likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. If you do not timely opt-out, you remain bound by this Arbitration Agreement.

 

Any changes or termination made to this Arbitration Agreement will take effect thirty (30) days after notice (via email provided in your account or by posting on the Site) is given to User. Changes shall not apply to any claims filed prior to the effective date of the termination and/or changes.

 

10. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this agreement including use of the Site and Services shall be governed by the laws of the State of Michigan, including Michigan's statutes of limitations governing your claim, aside from that the Arbitration Agreement, for which the Federal Arbitration Act shall govern.

Should Arbitration not apply (either because you opted out or otherwise) you agree that any claim or dispute that has arisen or may arise between you and Find My Local Teacher, LLC must be resolved exclusively by a state or federal court located in the State of Michigan. You and Find My Local Teacher, LLC agree to submit to the personal jurisdiction of the courts located within the State of Michigan for the purpose of litigating all such claims or disputes.

11. Consent to Electronic Communication

By using the Site or Services, you agree to allow Find My Local Teacher, LLC to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including those that may contain personal information) from email, SMS Text or any other online platform. You also agree to check your Find My Local Teacher, LLC account, alerts, messages, and the e-mail associated with your account on a reasonably regular basis to stay apprised of important notices and information about your account, the Site and Services.

12. Severability

If a court decides that any term or provision of these Terms other than the Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of the Arbitration Agreement are invalid or unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply and be in full force and effect.

13. Contact Information

If you have any questions or need further information as to the Site or Services or need to notify Us as to any matters relating to the Site or Services, please contact Us at info@findmylocalteacher.com

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