Terms of Use
Created Mar 19, 2025
Updated Mar 20, 2025
Created Mar 19, 2025
Updated Mar 20, 2025
These Terms of Use (“Terms”) govern your use of the EdHyve website (“Site”) at edhyve.com, any mobile device application or any other means provided or authorized by EdHyve, a subsidiary of Vine Insights, LLC (“EdHyve”). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
EdHyve provides this Site to Users seeking educational consulting and advising services (“Advisees”) and to Users seeking to provide educational consulting and advising services (“Advisors”), and to any other entity on whose behalf Users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Advisees, Advisors, or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content to the Site. These Terms are entered into by and between EdHyve and you, and you accept them by: (a) accessing or viewing the content of the Site; (b) contracting for educational consulting and advising lessons through the Site; (c) registering as an advisor or providing educational consulting and advising sessions through the Site; (d) using the Site in any other manner; and/or (e) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Please refer to the EdHyve Privacy Policy at https://edhyve.com/privacypolicy for information on how EdHyve collects, uses and discloses information about you.
A note about Advisee Data: The services of independent EdHyve Advisors may be purchased directly from EdHyve by providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use such services for educational purposes. When EdHyve contracts with a School to provide educational consulting and advising services, we may collect or have access to Advisee Data (defined below), which may be provided by the School or by the Advisee. We consider such Advisee Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing educational consulting and advising services to the School or on the School's behalf. Our collection, use and sharing of Advisee Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws, including without limitation the Illinois Advisee Online Personal Protection Act (SOPPA). Advisors who provide services to Schools under such an arrangement are expressly bound by these Terms of Use and the Advisee Data privacy provisions contained herein, and are required to maintain the confidentiality of Advisee Data.
The Site offers a marketplace for those seeking educational consulting and advising services to connect with those seeking to provide educational consulting and advising services. As independent businesses engaged by Advisees, Advisors decide, are responsible for, and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the educational consulting and advising they provide.
Advisees are responsible for selecting the right Advisors for their needs. In making hiring decisions, Advisees should review and investigate each Advisor’s self-reported credentials, education, and experience, as well as reviews from other Advisees.
EdHyve controls and operates the Site from various locations in the United States and makes no representation that this website is accessible in all locations. EdHyve services may not be available in your location, and available services may vary among locations. In addition, EdHyve will attempt to deliver all correspondence sent via the Site’s messaging system. EdHyve does not, however, guarantee delivery of all messages.
To use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to connect to the Internet, including a computer and modem or other access device.
If you are under eighteen (18) years of age, you may use the Site only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Site, with which you must comply. All advising sessions for Advisees under 18 years of age should be supervised by a responsible adult.
If you utilize the EdHyve Site to provide the Service to Advisees in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact EdHyve to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. Children under 13 may use the Site and its services only through an account owned by a parent or legal guardian with the appropriate permission. If you are the parent or legal guardian of a child under 13, signing up for an account on the Site represents your consent and permission for your child to use the Site and its services through your account and for EdHyve to collect information from your child. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents for EdHyve to collect information from Advisees under 13 before allowing such Advisees to access our Service. We recommend that all Schools provide appropriate disclosures to Advisees and parents regarding their use of service providers such as EdHyve and that they provide a copy of our Privacy Policy to parents.
EdHyve’s services are provided for the purpose of facilitating learning, personal growth, and educational fulfillment, and not to encourage or facilitate cheating, admission fraud, or any other form of academic dishonesty. You shall not use the Site to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, completing application materials, writing application essays or papers, taking (or helping to take) quizzes or examinations on someone’s behalf), or to take any action that would violate the academic or conduct policies of a school, university, academic institution or workplace.
All Users must: (a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving educational consulting and advising services; (b) provide accurate, current, and complete information about themselves as required during Site registration (“Registration Data”); (c) maintain the security of any password and identification information used to access the Site; (d) maintain and promptly update the Registration Data and any information you provide to EdHyve, keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information and Registration Data.
You will have a password upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EdHyve of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EdHyve cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that EdHyve, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:
EdHyve reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to EdHyve in its sole discretion. Alleged improprieties by any User may be reported to EdHyve by email at support@edhyve.com.
This section applies to a School's use of EdHyve services.
When EdHyve is used by a School for an educational purpose, EdHyve may collect or have access to Advisee Data that is provided by the School or by a Advisee. "Advisee Data" is personal information that is directly related to an identifiable Advisee and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
The School or the Advisee, and not EdHyve, owns and controls the Advisee Data. You authorize EdHyve to access, collect, transmit, modify, display and store Advisee Data to provide the Service and as described in this Agreement and in our Privacy Policy.
Compliance with Laws. In the U.S., EdHyve may collect and process Advisee Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to Advisee data privacy, and with all other laws and regulations governing the protection of Advisee Data.
Use of Advisee Data. By submitting, providing us access to, or causing us to receive Advisee Data, you agree that EdHyve may use the Advisee Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent.
Use of De-Identified or Anonymized Advisee Data. You agree that both before and after the term of the Agreement, EdHyve may collect, analyze, use, and retain data derived from Advisee Data as well as data about users' access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that EdHyve may not share or publicly disclose information that is derived from Advisee Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that EdHyve may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-Advisee users from time to time, provided that such advertisements shall not be based on Advisee Data. For emphasis, and without limitation, EdHyve shall never use Advisee Data to engage in targeted advertising.
Disclosure of Advisee Data and Third-Party Service Providers. You acknowledge and agree that EdHyve may provide access to Advisee Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Advisee Data will be required to maintain the confidentiality of such data. EdHyve shall not share Advisee Data with third parties other than as described in this Agreement and in the EdHyve Privacy Policy, or with consent of the School or parent.
Advisee Data Access and Deletion Requests. You may request that we delete Advisee Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that EdHyve shall not be required to delete Advisee Data that has been moved to a personal account on the Service or as otherwise prohibited by law. A parent or Advisee over the age of 18 seeking to access, modify, correct, or delete personal information in a Advisee account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. EdHyve is not required to delete data that has been derived from Advisee Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure the personal information in EdHyve's possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Advisee Data (a "Security Event"), that we have collected or received through the Service under this Agreement, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of EdHyve or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and EdHyve shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of EdHyve or its agents, EdHyve shall reasonably cooperate with School's investigation of the Security Event, as School requests, at School's reasonable expense, but EdHyve shall not indemnify a School for costs associated with the Security Event. EdHyve shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
Upon expiration or termination of a School's subscriptions without renewal, EdHyve will delete Advisee data and teacher or principal data in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact EdHyve at support@edhyve.com to request additional information about our standard data retention schedule and available options for customizing EdHyve's standard data retention schedule to meet individual School requirements.
EdHyve may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). EdHyve does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. EdHyve does not independently verify information in the consumer reports.
EdHyve may collect, use and disclose the information in the consumer reports. EdHyve may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a Advisor or to investigate a complaint about a Advisor, but EdHyve shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any Advisor, is not accurate, timely or complete. Advisors who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. EdHyve reserves the right to suspend and/or terminate an Advisor based on information in the consumer reports or for any other reason in EdHyve’s sole discretion.
EdHyve may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that EdHyve shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
See http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.
You may obtain direct access via the Site to certain confidential information of EdHyve and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with EdHyve and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from EdHyve, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to EdHyve adequate to afford EdHyve the opportunity to object to the disclosure.
You are solely responsible for any content that you create, transmit or display while using the Site. EdHyve may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, videos, files, documents, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Site is referred to as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to EdHyve a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with EdHyve’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
You must have the legal right to the User Content you submit to the Site. You may not upload or post any User Content to the Site that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post from the owner or by law.
Users shall not create, upload, post, send, receive or store User Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the EdHyve mission or otherwise objectionable to EdHyve or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. EdHyve reserves the right to edit or remove User Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
Users must abide by EdHyve’s Advisor and Advisee payment policies. Users must pay all costs associated with the services through EdHyve. These costs include but are not limited to: (a) an Advisor’s fee for services as listed; (b) an Advisor’s hourly rate as listed; (c) travel and transportation fees; (d) cancellation fees as described in EdHyve’s cancellation policy, which can be found https://edhyve.com/cancellationpolicy; (d) a service fee for purchasing additional features and services from EdHyve as listed and (e) the Platform Fee arranged between the Advisor and EdHyve.
EdHyve may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than EdHyve, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. EdHyve is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-EdHyve advertisers on the Site.
Advisors may opt in to receive text message notifications for new Advisee messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
You may find links to other websites or resources on the Site. You acknowledge and agree that EdHyve is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. EdHyve will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
EdHyve grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by EdHyve, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. EdHyve reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from EdHyve. You may like or follow EdHyve or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by EdHyve or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software EdHyve discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“EdHyve Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations EdHyve uses in connection with its products and services. You may not remove or alter any EdHyve Trademarks, or co-brand your own products or material with EdHyve Trademarks, without EdHyve’s prior written consent. You acknowledge EdHyve’s rights in EdHyve Trademarks and agree that any use of EdHyve Trademarks by you shall inure to EdHyve’s sole benefit. You agree not to incorporate any EdHyve Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by EdHyve on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
EdHyve respects the intellectual property of others, and we ask our Users to do the same. Accordingly, Users may not post, modify, distribute, or reproduce in any way any Content on the Site that is copyrighted material you do not own or have permission to use, without obtaining prior written consent of the copyright owner. EdHyve reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that 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 content or material hosted on the Site infringes your copyright, you (or your agent) may send EdHyve a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow EdHyve to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. EdHyve’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@edhyve.com
By mail: EdHyve ℅ Vine Insights
Attention: Copyright Agent
1112 Vine Street, Springfield, IL 62704
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Please note that this procedure is exclusively for notifying EdHyve that your copyrighted material has been infringed. The preceding requirements are intended to comply with EdHyve's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, EdHyve has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. EdHyve may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
EdHyve reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that EdHyve shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.
You agree that EdHyve, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if EdHyve believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that EdHyve may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that EdHyve shall not be liable to you or any third party for any termination of your access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EDHYVE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EDHYVE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
EDHYVE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM ADVISORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) THE OUTCOME OF THE APPLICATION PROCESS, ADMISSION PROCESS, OR ANY ACADEMIC ENGAGEMENT WILL CHANGE AS A RESULT OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING EDUCATIONAL CONSULTING AND ADVISING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE EDUCATIONAL CONSULTING AND ADVISING SERVICES.
YOU UNDERSTAND AND AGREE THAT EDHYVE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT EDHYVE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT EDHYVE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, EdHyve EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES EDHYVE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. EDHYVE WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. EDHYVE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, EDHYVE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF EdHyve HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EdHyve’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO EdHyve OR A EdHyve PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND EDHYVE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND EDHYVE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Users assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. Users shall take all necessary precautions, including without limitation following the recommendations set forth in EdHyve’s Advisor and Advisee Safety Tips, when interacting with other Users.
Users shall indemnify, defend, and hold harmless EdHyve and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by EdHyve in any way related to your (a) acts and/or omissions on or off the Site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Site. Users must cooperate as requested by EdHyve in the defense of such claims. EdHyve reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of EdHyve without the written consent of EdHyve.
For any dispute with EdHyve, you agree to first contact us at support@edhyve.com and attempt to resolve the dispute with us informally. In the unlikely event that EdHyve has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Sangamon County, Illinois, unless you and EdHyve agree otherwise. If you are a School or are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing EdHyve from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Notwithstanding the Arbitration terms set forth herein, Users agree that any material breach of the Terms will result in irreparable harm to EdHyve for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, EdHyve reserves the right to seek equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if EdHyve seeks such an injunction.
EdHyve may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. EdHyve reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. EdHyve may also delete, or bar access to or use of, all related information and files. EdHyve will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. EdHyve may amend these Terms at any time by posting the amended terms on this Site. Your continued use of the Site following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Site.
Notwithstanding the foregoing, EdHyve shall not make any material change to the Terms that relate to the collection or use of Advisee Data without first giving notice to the school or parent and providing a choice before the Advisee Data is used in a materially different manner than was disclosed when the information was collected.
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of Illinois. You agree to submit to the personal jurisdiction of the federal and state courts located in Sangamon County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Sangamon County, Illinois is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EdHyve ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
These Terms constitute the entire agreement between you and EdHyve relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use the EdHyve Site or third-party products or services.
