AssignmentMe USER AGREEMENT
YOU SHOULD REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A USER OR BY USING THE ASSIGNMENTME PLATFORM. YOU WILL BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER TO USE OR USE THE PLATFORM.
This AssignmentMe User Agreement (the “Agreement”) states the terms and conditions governing users of the AssignmentMe website and software platform (the “Platform”). The Platform is owned and operated by AssignmentMe (referred to as “AssignmentMe,” “we,” “us” or “our”), a limited liability company organized under the laws of the state of Texas, United States. All users (the “User,” “you,” or “your”) of the Platform are subject to this User Agreement.
We reserve the right to change this User Agreement at any time in our sole business discretion. Please check these terms regularly for changes. AssignmentMe does not assume any obligation to personally or individually notify Users of any modifications to this Agreement, or the creation of additional terms or the elimination of any terms. Your continued use of the Platform following the posting of any changes to the User Agreement will mean you accept and agree to those changes.
1. Background; Other Agreements.
1.1 How it Works.
Registered Tutors(“Tutors”) are independent contractors who use the Platform to offer their services and to perform work on assignments and tutoring for registered students needing their services (“Students”). Tutors and Students can use the Platform to directly and independently coordinate with each other regarding all aspects of their assignment or/and tutorial through the Platform’s available assignment bid order (“Available assignment”), private messaging, and payment functionality.
1.2 How to become a registered Tutor.
Users who want to use the Platform to offer their services to Students must register as Tutors and accept the Tutor Terms and Conditions (the “Tutor Terms and Conditions”) accessible by following this link: http://assignmentme.com/?page_id=405
1.3 How to become a registered Student.
Users who want to use the Platform to obtain services from Tutors must register as Students and accept the Student Terms and Conditions (the “Student Terms”) accessible by following this link: http://assignmentme.com/?page_id=403
1.4 How Students create Assignment Orders.
A Student exclusively controls the content of a proposed Assignment Order. Generally, each Assignment Order is governed by our standard Assignment Order terms and conditions (the “Assignment Order Terms”) accessible by following this link: www.assignmentme.com/legal-workorder unless a Student varies these standard terms and conditions by adding language directly to a proposed Assignment Order through the Platform interface.
1.5 How a contract is formed between a Student and a Tutor.
A Student posts an assignment on the Platform to be bid on, or directly proposes an assignment order to a tutor of choice. Through the Platform, a Tutor may bid on an assignment, or accept a direct assignment order from a Student and agree to provide services on the terms stated therein or a Tutor can make a counter offer to the Assignment Order. A Student can then agree to the counter offer with the added or changed terms. Once accepted, an engagement for completion of the services set forth in the Assignment Order (“My assignments”) has been established by Student and Tutor.
1.6 AssignmentMe’s Role.
AssignmentMe is not a party to any Assignment Order or any agreement that might separately be entered into between Student and Tutor. Neither a Tutor nor a Student can modify an Assignment Order to make AssignmentMe a party to an Assignment Order. Any terms a Student adds to an Assignment Order shall not modify, amend, or otherwise change the rights and obligations of AssignmentMe under this User Agreement. AssignmentMe is not an employer or joint employer of any Tutor. AssignmentMe is not responsible for the performance or non-performance of any Student or any Tutor. Each Tutor is solely and entirely responsible for the Tutor’s acts and for the acts of the Tutor’s employees and or collaborators. Each Student is solely and entirely responsible for the Student’s acts. AssignmentMe is not a party to any Assignment Order and is not bound by any terms of an Assignment Order, except as otherwise provided under the Assignment Order Terms and Conditions, the Tutor Terms or Student Terms, or this User Agreement.
2. User Account Information; Eligibility to Use the Platform.
2.1 Users must have an individual User account with a username and password to use the Platform.
All information that Users submit to the Platform must be real, accurate, and verifiable. AssignmentMe reserves the right to validate all identity information at any time. Further, by submitting information, you authorize AssignmentMe to make such inquiries as it determines are necessary to validate identity and confirm your ownership of your email address and financial information, either directly or via a third-party validation service. Subject to any restrictions or limitations under applicable law, you agree to provide information requested by AssignmentMe to verify the accuracy of your User account information. Failure to provide required information to operate the Platform when requested is a violation of this User Agreement. You are solely responsible for maintaining the security of your username and password. If you disclose this information to any third party, you shall be solely responsible for all actions taken through your AssignmentMe account. You must notify AssignmentMe immediately if you suspect that your username or password has been stolen or are being misused by someone else. You acknowledge and agree that AssignmentMe’s security procedures are commercially reasonable.
2.2 Only adults and legal entities that are capable of entering and performing legally binding contracts may use this Platform.
The Platform is not intended for use by minors. Persons under the age 18 are prohibited from using this Platform.
2.3 For purposes of this User Agreement, you warrant and represent that:
- your use of the Platform is not prohibited by the laws, rules, or regulations of the country or other legal jurisdiction in which you reside;
- you are not located in a country or region, nor are you a citizen of a country or region, that is (i) subject to U.S. federal government sanctions or embargoes, including without limitation Cuba, Iran, North Korea, Sudan, and Syria, or (ii) that is on Canada’s Area Control List under Canada’s Export and Imports Permits Act; and
- you are not employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, and are not otherwise ineligible to receive items subject to U.S. export control laws, rules, and regulations.
- You have authority to enter into this User Agreement on behalf of yourself, or on behalf of the registered business organization with which you are associated or for whom you are working when using this Platform.
This User Agreement does not in itself create an agency, employment, joint employment, franchise, joint venture, or partnership between AssignmentMe and any User.
4. License; Limitations; Reservation of Proprietary Rights.
4.1 AssignmentMe grants to you a non-exclusive right and license to access and use the Platform solely for your own business purposes for the term of this User Agreement subject to the payment of all applicable fees.
4.2 You shall not:
- attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party;
- create any derivative works based on the Platform, either on your own or through any third party;
- produce a source listing, decompile, disassemble, or otherwise reverse engineer the Platform;
- interfere with or disrupt the performance of the Platform for any reason, or attempt to gain unauthorized access to any data stored in such product; or
- remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Platform, including any screens displayed by such product.
4.3 AssignmentMe retains all ownership and intellectual property rights to the Platform that are not specifically granted to Users hereunder.
5. Social Media Features.
5.1 The Platform includes features that allow Users to post messages, comments, statements, and personal information for viewing by other Users of the Platform. Users are responsible for exercising such care as is necessary to protect their private, confidential, or personal information when using such Platform functionality. You are responsible for maintaining the privacy of your personally identifiable information when using this functionality. If you do post comments to message forums or via similar features or send any comments or questions about the Platform via email, telephone, or other means, such information is public, and AssignmentMe may store, maintain, and use such information indefinitely, and may also disclose such information to third parties in our sole business discretion. Usage of the Platform constitutes consent of User for AssignmentMe to contact the User by way of electronic and/or cellular communication with information, updates, opportunities and selected announcements from AssignmentMe or third parties with whom AssignmentMe has a contractual relationship.
5.2 AssignmentMe is not legally responsible for any information or content posted or made available on the Platform by any User which is defamatory, violates privacy rights, or otherwise violates the rights of another user or third party. AssignmentMe does not actively monitor or censor any information posted for viewing via the Platform although it expressly reserves the right to monitor the postings or other activities of Users at any time without notice. AssignmentMe reserves the right to remove or restrict access to any information or content posted or made available on the Platform if it determines that such information violates this User Agreement or any law, rule, or regulation of any legal jurisdiction.
6. Acceptable Use of the Platform.
By accessing the Platform, you agree that:
- you will not knowingly provide or enter any false, misleading, or fraudulent information;
- you will not use the Platform for any illegal purpose, nor will you provide or enter any material or information in violation of any applicable law or regulation;
- all information and User content provided or entered by you (i) must be original to you, and not violate the copyright or other proprietary rights of any third party, and (ii) must not violate the rights of any third party, including trade secret or privacy rights;
- information provided or entered by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive;
- you will not hold yourself out as someone you are not or otherwise impersonate any other person;
- you will not interfere or tamper with the functioning of the Platform, nor will you attempt to gain access to information or control of the Platform not specifically granted to you;
- you will not use the Platform to transmit any spyware, virus or similar destructive program or code;
- you will not compile any database or list of other Platform Users, nor will you use the Platform to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with AssignmentMe services and in no event will you send emails that would violate the CAN-SPAM Act in any way;
- you will abide by any other rules for participation in any Social Media features on the Platform including but not limited to not entering advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums; and
- you will not use the Platform to discuss or disclose the terms of any Assignment Order, except to facilitate the performance of the Assignment Order between the Student and the Tutor.
7. Links to Other Websites.
The Platform may provide links to websites owned and operated by third parties. AssignmentMe exercises no control whatsoever over such websites and is not responsible or liable for the availability, content, advertising, products, services, or other materials available or viewable on such websites. Access and use of such linked websites is solely at your own risk.
8. Term and Termination of the Agreement.
This User Agreement commences when you register to use or use the Platform for the first time and continues in force until terminated by you or AssignmentMe. You may terminate this User Agreement immediately upon notice to AssignmentMe at any time for any reason. AssignmentMe may also terminate this User Agreement immediately without any notice at any time and for any reason. Upon termination by you or by AssignmentMe, your right to access and use the Platform will cease immediately. Termination does not relieve you from the obligation to pay any fees due to AssignmentMe which accrued before the termination date or which are otherwise owed in connection with activities or commitments made through use of the platform prior to notifying AssignmentMe of your intent to terminate the Agreement.
9. No Warranty; Limitations of Liability; Indemnification.
9.1 USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT A WARRANTY OF ANY KIND. ASSIGNMENTME SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE AND ACCESS, OR INABILITY TO USE AND ACCESS THE PLATFORM. ASSIGNMENTME IS RELYING ON THE FOREGOING WARRANTY AND LIABILITY LIMITATIONS IN PROVIDING THE PLATFORM. BY USING THE PLATFORM, YOU AGREE THAT THESE EXCLUSIONS ARE ACCEPTABLE.
9.2 You will indemnify, defend, and hold AssignmentMe, its affiliates, and licensors, and each of its respective officers, managers, directors, agents, independent contractors, employees, consultants, service Tutors, and applicable third parties (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses arising out of or relating to: (a) your use or misuse of the Platform; (b) your failure to perform your obligations under this User Agreement; (c) any allegation that any content or material supplied by you via the Platform infringes or violates any third party rights; or (d) the use of the Platform by any third party who has access to the User’s computer or any other electronic device.
11.1 All notices required by this User Agreement must be delivered in person or by means evidenced by a delivery receipt to the principal business address of the party receiving the notice and addressed to the attention of its President, Chief Executive Officer, or other representative authorized to receive legal notices. Notices by email shall be valid provided that the recipient is authorized to receive notices for the party, and the recipient acknowledges receipt of the email via a return email which includes the full text of the original message.
11.2 All actions related to this User Agreement will be governed by Texas law and/or controlling U.S. Federal Law without regard to the choice of law provisions of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this User Agreement.
11.3 A User may not assign or otherwise transfer its rights or obligations under this User Agreement for any reason without the prior written consent of AssignmentMe. AssignmentMe may assign this User Agreement in its business discretion without your consent, provided that the assignee assumes and agrees to perform all of AssignmentMe’s obligations under this User Agreement.
11.4 This User Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
11.5 Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
11.6 If any provision of this User Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
11.7 The terms and conditions of this User Agreement which are intended by their nature to survive its termination shall survive such termination.
Last modified: Nov 13th, 2020
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