VarsityPrep Inc. Terms of Service and User Agreement
1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
These Terms of Service (“Terms”) contain the terms and conditions between VarsityPrep Inc. ("VarsityPrep Inc.") and You, whether You are a "Parent or Guardian,” a “Mentor” or a “Prep” (as defined in section 2 below) and/or any other user of our services, (collectively “Users”) and governs the use of the services offered through VarsityPrep Inc. (“Services”). Use of our Services indicates Your agreement with these Terms (this "Agreement"). If You object to anything in this Agreement, please do not use our Services.
If You, the Parent or Guardian, choose to register Your child as a Mentor or a Prep through our Services then the Parent or Guardian and child will each become a “Member” of VarsityPrep Inc for the term of Your registration. This Agreement, together with the terms of Your registration agreement, will govern Your relationship with us and Your use of our Services during the term of Your Membership.
Changes to Terms
These Terms are subject to change by VarsityPrep Inc. at any time. We will notify You about significant changes in these Terms by sending a notice to the email address registered in your account so that you can choose whether to continue using our Services. Any use of the Services by you after the effective date of any changes will constitute your acceptance of such changes.
2. VARSITYPREP INC. SERVICES.
The Services offered by VarsityPrep Inc. include providing the Users with a communication platform for parents/guardians and kids who are offering and seeking private coaching/tutoring/fine arts instruction services through a Mentorship style program. VarsityPrep Mentors are high school students ages 15-18 and VarsityPrep Preps are ages 5-14. With Parental or Guardian oversight, Parents, Mentors and Preps may use the Services to arrange coaching/ tutoring/fine arts instruction for Preps. The Service provides a place for Mentors to list their skills and experiences, and for Parents/Guardians of Preps to review Mentor Coaches/Tutors/Fine Arts Instructors for a potential match. VarsityPrep Inc. does not take part in the interaction between Parents/Preps and Parents/Mentors, except to provide this forum for information sharing and to collect and distribute payments on the behalf of Members who seek to be matched through VarsityPrep Inc. Services.
Users and Members represent, understand and expressly agree that VarsityPrep Inc. does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the coaching/tutoring/fine arts instruction services actually delivered by any Mentor, nor of the integrity, responsibility or any of the actions whatsoever of the Prep or the Parents or Guardians of Mentors or Preps. VarsityPrep Inc. makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Mentor, whether in public, private or offline interactions, or arranged through our Services.
Providing or Accepting Coaching Services Not Arranged Through VarsityPrep Inc.
Parent, Guardians, and their children agree and acknowledge that in cases where the parties have initially been introduced through VarsityPrep Inc., it is an express violation of these Terms for either party to offer or accept the provision of coaching/tutoring/fine arts instruction services between the parties without arranging such services through VarsityPrep Inc.. Verification of such an arrangement may result in the immediate termination of the applicable Members’ accounts.
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Our Services are available to Parents and Guardians of children who wish to be Mentors and Preps with VarsityPrep Inc. Without limiting the foregoing, our Services are only available to minors or anyone under the age of eighteen (18) with Parental or Guardian Consent, Attestation, and Involvement. Our Services are currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and, with respect to Mentors, those that may legally work within the United States. By registering as a Member and/or by using our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). As a Parent or Guardian using the Services to arrange coaching, tutoring/fine arts instruction for Preps, or to allow your older child to be a VarsityPrep Mentor, You represent and warrant that You are the parent or legal guardian of each Prep or Mentor, or that You have the permission of the parent or legal guardian of all Preps and Mentors who will participate in any coaching/tutoring/fine arts instruction arranged through the VarsityPrep Inc Services.
You, as the Parent or Guardian, or your Mentor child, represent and warrant that You or your Mentor child (a) have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become VarsityPrep Mentors or Preps.
Parents or Legal Guardians may seek the services of a Mentor through the use of VarsityPrep Inc. services. In the event that a Parent or Guardian and a Mentor agree on the provision of services such agreement is solely between the Parent or Guardian of the Mentor and the Parent or Guardian of the Prep, except as otherwise described in this Agreement. VarsityPrep Inc. is not a party to any agreement between Parents or Guardians of Preps and Parents or Guardians of Mentors. Any issues concerning the services received by the Prep or payment due to the Mentor (except to the extent that such issue relates to the Services or VarsityPrep Inc.’s role as a mentorship program and payment conduit) must be resolved directly by the Parent of the Prep and the Parent of the Mentor.
VARSITYPREP INC. WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT FOR COACHING/TUTORING/FINE ARTS INSTRUCTION SERVICES PROVIDED BY A MENTOR EVEN IF SUCH SERVICES ARE THE RESULT OF PREP AND MENTOR MEETING THROUGH OUR SERVICES. BY USING OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD VARSITYPREP INC. HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE OR APP INCLUDING WITH ANY OTHER MEMBER, MENTOR, PREP, PARENT OR GUARDIAN.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALL PARENTS OR GUARDIANS AND MENTORS LISTED AND PROVIDED THROUGH THIS SERVICE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER ARISING OUT OF, (FOR THEMSELVES AND ON BEHALF OF PREPS, AS APPLICABLE) HEREBY EXPRESSLY RELEASE AND WAIVE ALL CLAIMS DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED THAT PARENT OR PREP MAY HAVE AGAINST ANY PARENT OR MENTOR ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES PROVIDED BY ANY OTHER MEMBER, INCLUDING ANY MENTOR, INCLUDING SUCH CLAIMS RELATED TO PAYMENT FOR COACHING/TUTORING/FINE ARTS SERVICES PROVIDED BY A MENTOR, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY MENTOR CONTRACTED THROUGH VARSITYPREP INC. SERVICES, EVEN IF SUCH SERVICES ARE THE RESULT OF MENTOR’S NEGLIGENCE, INCOMPETENCE, INTENTIONAL MALFEASANCE, OR OMISSION. BY USING OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD ANY MENTOR, OR PARENT OR GUARDIAN OF MENTOR, HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, MENTOR OR PREP.
5. PROHIBITED USE.
VarsityPrep Inc. Services may not be used by any person or organization to recruit, solicit, or contact Parents or Guardians, Mentors, or Preps for employment or contracting for a business not affiliated with VarsityPrep Inc. without the express prior written permission of VarsityPrep Inc.
Notwithstanding anything to the contrary in this Agreement, VarsityPrep Inc. may terminate any Membership, or block access to VarsityPrep Inc. Services, for any reason or no reason whatsoever, with or without notice, at any time. In case of termination by VarsityPrep Inc., a refund for prepaid Services will be provided only in cases where such termination was not in connection with a Member’s violation of this Agreement.
7. PAYMENT POLICY FOR MEMBERS.
Parents or Legal Guardians of Preps are obligated to pay for the Services provided through VarsityPrep Inc., unless specifically notified otherwise. Parents or Guardians of Preps that sign up for our Services agree to pay VarsityPrep Inc. all charges at the prices then in effect for any use of the Services. VarsityPrep Inc is obligated to pay Varsity Prep Mentors for their service to the VarsityPrep Prep a session rate determined by the VarsityPrep Inc. Board of Directors. VarsityPrep Inc. reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
8. ASSUMPTION OF RISK
Parents or Legal Guardians of Mentors and Preps assume all risk when engaging the services of any other User or Member (including any Mentors) and in connection with using the Services, including but not limited to all of the risks associated with any interactions with Members and any risks associated with obtaining services from any Mentor or providing any services to any Preps of Parents, including all risks of physical or emotional injury or harm resulting in any way or arising out of coaching/tutoring/fine arts instruction services. You agree to take all necessary precautions, including but not limited to any recommendations set forth by VarsityPrep Inc., when interacting with other Parents, Guardians, Mentors or Preps.
9. RESPONSIBILITIES OF MEMBERS
If You are a Parent or Legal Guardian of a Mentor or Prep, you must attest to the VarsityPrep Inc Parental Attestation. It is Your responsibility to provide Parental oversight, as You determine necessary, to ensure the safety of Your child Prep or child Mentor, during all communication and interaction between the Mentor and the Prep. It is Your responsibility to provide for your child Mentor or Prep, the equipment necessary for training purposes and agree to have your child Mentor or child Prep wear any VarsityPrep Inc. clothes or gear issued to Your Mentor or Prep during coaching/tutoring/fine arts sessions. As a Parent or Guardian of a VarsityPrep Inc Mentor or Prep, You are required to ensure your child Mentor or Prep shows up to a coaching/tutoring/fine arts instruction session (10) minutes prior to the start of each session and be ready to engage in a 50 minute lesson with the Mentor. During coaching/tutoring/fine arts instruction sessions You, the Parent or Guardian will not communicate with the Mentor or abstain from using profanity and other types of inappropriate language. If You need to cancel a previously scheduled appointment with a Prep, You must do so forty-eight (48) hours prior to the scheduled coaching session so that another Mentor may have the opportunity to fill that timeslot.
Parents or Legal Guardians of Mentors and Preps are required to complete a background check prior to arranging coaching/tutoring/fine arts instruction between a VarsityPrep Inc Mentor and Prep.
Parents or Legal Guardians of Mentors and Preps are required to attest to the VarsityPrep Inc Parent Attestation prior to arranging coaching/tutoring/fine arts instruction between a VarsityPrep Inc Mentor and Prep.
Parents or Guardians of Mentors and Preps are required to exchange email addresses and cell phone numbers in order to communicate and discuss any and all concerns related to inappropriate VarsityPrep Inc Mentor and Prep interactions. (If a Parent or Guardian feels that the inappropriateness of a Parent or Guardian or Mentor interaction with a VarsityPrep Inc Prep is significant enough to warrant termination from the VarsityPrep Inc communication platform, the parent must contact VarsityPrep Inc in writing through the available VaristyPrep Inc email available on the website.
VarsityPrep Inc. Mentors must be high school sophomores, juniors, or seniors and maintain an average GPA above 2.5. Mentors must be college bound high school students.
Mentors are required to obtain and upload documentation from their high schools Career Guidance Center or a Teacher recommendation letter answering the question of how the future Varsity Prep Mentor has influenced another individual in his or her community in a positive way.
Mentors are required to attest to the VarsityPrep Inc. Mentor Doctrine prior to participating in coaching/tutoring/fine arts instruction with a Prep.
Mentors are required to complete a lesson/tutoring/fine arts instruction Prep evaluation form within 24 hours after session was offered in order to receive stipend for from VarsityPrep Inc.
10. LIMITATION OF LIABILITY.
In no event will VarsityPrep Inc. 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 Services provided by VarsityPrep Inc. or by any Member or other User of these Services, including without limitation damages related to any services provided. UNDER NO CIRCUMSTANCES WILL VARSITYPREP INC.'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID VARSITYPREP INC. FOR THE USE OF ANY SERVICES, THE AMOUNT OF U.S. $25.00 OR ITS EQUIVALENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VARSITYPREP INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THESE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS, INCLUDING ANY COACHES. 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.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.