Last Updated: 10.25.2024
SCHOOLHOUSE.WORLD Terms of Service
Please read these Terms of Service (the "Agreement") carefully. Your use of the SHW Platform (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Schoolhouse.World, Inc. ("SHW" or "we" or "us") concerning your use of the SHW website located at https://schoolhouse.world (together with all materials and services provided on or through the SHW website, the "SHW Platform"). This Agreement also incorporates by reference any additional terms and conditions that we post through the SHW Platform or otherwise make available to you.
By using the SHW Platform, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. In addition, users under the age of 13 are not permitted to use the SHW Platform. By using the SHW Platform, you affirm that you are 13 years old or older.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the SHW Platform. Your use of the SHW Platform following notice of any such changes will constitute your acceptance of the changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
Privacy Policy. Your submission of information through the SHW Platform is governed by SHW's Privacy Policy (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the SHW Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.
Jurisdictional Issues. The SHW Platform is controlled or operated (or both) from the United States, and is not intended to subject SHW to any non-U.S. jurisdiction or law. The SHW Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the SHW Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the SHW Platform's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Additional Program Terms. Certain content, features, functionality, and programs provided on or through the SHW Platform may be subject to additional terms and conditions. These additional terms and conditions include those applicable to Learners, Tutors, and Certifications. If you access or use any such content, features, or functionality, or participate in any such programs, then the applicable additional terms and conditions will apply to you and are hereby incorporated by reference into this Agreement.
Registration; User Names and Passwords. You will be required to register in order to access or use the SHW Platform, or participate in SHW programs. You are only permitted to create one account on the Platform and you must not create multiple accounts for any purpose, including to avoid a suspension or termination of your existing account. You represent and warrant that any information you provide in connection with registering and setting up an account for the SHW Platform, including age information, is and will remain accurate and complete, and that you will maintain and update such information as needed. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not SHW, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your SHW Platform account.
Rules of Conduct. In connection with the SHW Platform, you must comply with theCommunity Guidelines. In addition to complying with the Community Guidelines, you must not:
Post, transmit or otherwise make available through or in connection with the SHW Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the SHW Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
Use the SHW Platform for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect, or solicit information about users of the SHW Platform, including any personal information.
Interfere with or disrupt the operation of the SHW Platform or the servers or networks used to make the SHW Platform available, including by hacking or defacing any portion of the SHW Platform; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the SHW Platform.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the SHW Platform except as expressly authorized herein, without SHW's express prior written consent.
Reverse engineer, decompile or disassemble any portion of the SHW Platform, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the SHW Platform.
Frame or mirror any portion of the SHW Platform, or otherwise incorporate any portion of the SHW Platform into any product or service, without SHW's express prior written consent.
Systematically download and store SHW Platform content, or use SHW Platform content for purposes of developing or training any machine learning or artificial intelligence model or algorithm.
Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather SHW Platform content, or reproduce or circumvent the navigational structure or presentation of the SHW Platform, without SHW's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the SHW Platform's root directory, SHW grants to the operators of public search engines permission to use spiders to copy materials from the SHW website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. SHW reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the SHW Platform.
User Submissions. You and other users of the SHW Platform may make available certain materials (each, a "Submission") through or in connection with the SHW Platform, including on profile pages or on the SHW Platform's interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. SHW has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any information publicly available through the SHW Platform, you do so at your own risk. Without limitation of the foregoing, you must not make any personally identifiable information through the SHW Platform.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, to the extent consistent with applicable law and SHW's Privacy Policy.
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the SHW Platform or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place SHW under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the SHW Platform, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the SHW Platform, or analyze your access to or use of the SHW Platform. We may disclose information regarding your access to and use of the SHW Platform, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by SHW to use the SHW Platform, you may view a copy of any portion of the SHW website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the SHW Platform.
SHW's Proprietary Rights. We and our suppliers own the SHW Platform, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include SCHOOLHOUSE.WORLD and any associated logos. All trade names, trademarks, service marks and logos on the SHW Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the SHW Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain SHW Platform functionality may make available or provide access to third-party information, products, services and other materials, including Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by SHW with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the SHW Platform at any time. In addition, the availability of any Third Party Materials through the SHW Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") made available through the SHW Platform may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the SHW Platform and any Third Party Materials are made available to you on an "As Is," "Where Is" and "Where Available" basis, without any warranties of any kind, whether express, implied or statutory; and (b) SHW disclaims all warranties with respect to the SHW Platform and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of SHW and its affiliates, and its and their respective directors, officers, employees, agents, representatives, licensors, and suppliers, and the successors and assigns of any of the foregoing entities (all of the foregoing entities, collectively, the "Affiliated Entities").
While we try to maintain the timeliness, integrity and security of the SHW Platform, we do not guarantee that the SHW Platform is or will remain updated, complete, correct or secure, or that access to the SHW Platform will be uninterrupted. The SHW Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the SHW Platform. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the SHW Platform.
Limitation of Liability. To the fullest extent permitted under applicable law: (a) SHW will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, loss of use or data, loss of other intangibles, or loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, SHW will not be liable for damages of any kind resulting from your use of or inability to use the SHW Platform or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the SHW Platform or any Third Party Materials is to stop using the SHW Platform or such Third Party Materials; and (d) the maximum aggregate liability of SHW for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be the greater of total amount, if any, paid by you to SHW to use the SHW Platform and $10.00. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of SHW and the other Affiliated Entities.
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless SHW and the other Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the SHW Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement is effective until terminated. SHW may terminate or suspend your use of the SHW Platform at any time and without prior notice, for any or no reason, including if SHW believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the SHW Platform will immediately cease (and the licenses granted to you in Section 8 will immediately terminate), and SHW may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. The remaining provisions of this Agreement that by their nature should survive will survive any expiration or termination of this Agreement, including the licenses granted to SHW and all disclaimers, limitations of liability, indemnification provisions, dispute resolution provisions, and all other terms allocating liability or responsibility between you and SHW.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and SHW, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that SHW and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at this page. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from this page. Please note that SHW does not endorse any of the products or services listed on such page.
Information or Complaints. If you have a question or complaint regarding the SHW Platform, please contact us via our Helpdesk. You may also contact us by writing to Schoolhouse.world, 3790 EL CAMINO REAL UNIT PMB 544, PALO ALTO, CA 94306, or by emailing [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the SHW Platform infringe your copyright, you (or your agent) may send to SHW a written notice by mail or e-mail, requesting that SHW remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to SHW a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to SHW's designated agent, Schoolhouse.world, as follows: by mail to Schoolhouse World Inc, 3790 El Camino Real, Unit #544; or by e-mail to [email protected]. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SHW. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement will be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and SHW relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SHW relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the SHW Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SHW will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
© 2024 Schoolhouse.World, Inc. unless otherwise noted. All rights reserved.