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- Intellectual Property.
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- Use of Information.
17. Third-Party Services.
- Third-Party Merchant Policies.
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Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of AAA. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Westchester County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Westchester County, New York necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.
GAMECHANGERNOW, LLC (hereafter referred to as GAMECHANGER) connects kids to confidence. We are your free helpline that connects you to hard to find, competitively priced tutors, coaches, and specialists. Whether you are looking for an academic tutor, sports instructor, music instructor, or art teacher, GAMECHANGER is your answer. GAMECHANGER is determined to empower the well-rounded child.
For the purpose of these Terms, a client is defined as anyone who connects to GAMECHANGER to work with an instructor affiliated with the GAMECHANGER referral list.
gamechangertutoring.com is the website associated with GAMECHANGER’S free referral service that connects clients to instructors.
All instructors affiliated with GAMECHANGER are considered independent contractors who control the methods, materials, payments, and all aspects of the lessons.
GAMECHANGER is here to empower and enlighten clients. GAMECHANGER offers suggestions for instructors based on our knowledge of the clients’ needs. However, clients are solely responsible for ultimately selecting the right instructor, and retain the ultimate responsibility for reviewing and investigating each instructor’s credentials, education, experience, and background.
All instructors affiliated with GAMECHANGER are independent contractors and therefore are not employed by GAMECHANGER in any capacity. GAMECHANGER does not issue any forms relating to income or taxation for any instructors as they are self-employed.
ALL INSTRUCTING SESSIONS MUST BE SUPERVISED BY A RESPONSIBLE ADULT.
GAMECHANGER makes no representations that gamechangertutoring.com is appropriate or available for use in any or all locations.
GAMECHANGER – via its website, gamechangertutoring.com and its email system, [email protected] – does not guarantee and cannot assume responsibility for delivery of all messages to GAMECHANGER, to an instructor, or to a client.
Clients acknowledge, understand, and agree that instructors are connected to clients solely for the purpose of facilitating learning – not cheating. Instructors will not complete assignments, write papers, complete tests or quizzes, or in any manner complete work on behalf of the client. Clients agree to uphold their own school/college/university’s conduct and academic honesty policy.
Clients shall not post or transmit any content through gamechangertutoring.com that could be considered inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to GAMECHANGER, instructors, or clients. GAMECHANGER retains the sole authority to determine whether any content is deemed inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable, and such content can be removed by GAMECHANGER at its discretion. Clients posting such content can be blocked from using the gamechangertutoring.com platform.
Clients shall not post or transmit any information via gamechangertutoring.com’s platform that violates or infringes on anyone’s intellectual property.
GAMECHANGER reserves the right for any reason or no reason to remove or edit any content that appears on gamechangertutoring.com or any GAMECHANGER platform without the consent of any third party.
Clients shall NEVER refer instructors affiliated with GAMECHANGER by full name to potential new clients and must refer said potential new clients to GAMECHANGER rather than to a specific instructor afflilated with GAMECHANGER.
Clients shall not solicit any instructor or user to work with them or for another company for employment, independent contracting services, performances, or other service. GAMECHANGER retains the right to stop referring instructors to clients who attempt to circumvent GAMECHANGER in any manner, either by offering instructors compensation outside of GAMECHANGER or by referring instructors to another company for the aforementioned uses.
Clients shall not engage in any communication related to sexual conduct, nudity, or which expresses profanity on gamechangertutoring.com.
Clients shall not restrict any other user from using gamechangertutoring.com.
Clients are prohibited from spamming any content on gamechangertutoring.com or spamming any information about or related to GAMECHANGER on any third party platform.
GAMECHANGER reserves the right to post and publicize any comments by any GAMECHANGER clients or instructors affiliated with GAMECHANGER regarding service, reputation, and expectations about GAMECHANGER or its instructors. All comments will be used discreetly and confidentially.
Clients shall not take any action that would undermine any aspect of gamechangertutoring.com.
Clients agree to work with GAMECHANGER and to communicate on gamechangertutoring.com or any GAMECHANGER platforms in a manner that is lawful, relevant, and appropriate. GAMECHANGER retains the sole discretion to remove any client with or without cause and for any reason or no reason.
Clients shall not use gamechangertutoring.com for any reason that could violate local, state, or national law.
Clients shall not reproduce, duplicate, copy, sell, re-sell, or exploit any information, logo, materials or content on gamechangertutoring.com nor can clients reproduce, duplicate, copy, sell, re-sell, or exploit any information regarding GAMECHANGER on any third party platform.
Clients accept and acknowledge that it is the clients’ sole responsibility to conduct any and all background and reference checks regarding other instructors and/or clients affiliated with GAMECHANGER and communicating with clients.
Clients confirm and acknowledge that neither the client nor anyone living in the client’s home has been the subject of a complaint, restraining order, or any other legal action involving violence, abuse, neglect, fraud, larceny, or any other offenses in any way related to endangering the safety of others.
Clients confirm and acknowledge that they have not been convicted of a crime of any nature, including any felonies or misdemeanors of any kind, including without limitation any sexual, child abuse, or domestic violence offenses.
Clients cannot be registered sex offenders in any jurisdiction or with any government entity.
Clients – or residents in the clients’ homes – cannot currently be out on bail or awaiting trial, relating to any felony or misdemeanor charges of any kind, including sexual, child abuse, or domestic violence offenses.
Clients accept and acknowledge that GAMECHANGER is in no way liable for the acts of any instructors and/or clients affiliated with GAMECHANGER.
Lesson prices are agreed to when the client commits to a first lesson with a GAMECHANGER instructor. Instructors set their own lesson rates.
Unless otherwise notified directly by GAMECHANGER, clients must schedule all lessons with GAMECHANGER tutors/instructors via the GAMECHANGER website – gamechangertutoring.com.
Instructors referred by GAMECHANGER set their own policies regarding refunding compensation to a client/student if said client is unhappy with the instructor for any reason, including but not exclusive to incomplete, unsatisfactory, or otherwise unacceptable performance of services as rendered by said instructor. As instructors are compensated by clients, clients have no recourse from GAMECHANGER regarding a refund and must work directly with the instructor to determine a fair and appropriate course of action. At no time can a client/student hold GAMECHANGER in any way or for any reason financially responsible for services rendered by an instructor referred by GAMECHANGER. GAMECHANGER has no obligation to recompensate either the client or the instructor for any financial dispute regarding services rendered – complete, incomplete, unsatisfactory, or otherwise disputed.
Clients can only use the gamechangertutoring.com website with the permission of GAMECHANGER, which can be revoked or suspended at any time for any or no reason.
Clients understand that not all instructors on GAMECHANGER platforms, including but not limited to gamechangertutoring.com. GAMECHANGER does not perform background checks on any instructor or user of gamechangertutoring.com. GAMECHANGER makes no representations or warranties as to the conduct of clients or instructors or their compatibility with any current or future client or instructors.
GAMECHANGER strongly recommends that clients contact us in a timely manner regarding status with instructors, including but not limited to progress updates, compatibility, timeliness, responsiveness, and overall satisfaction with instructors referred by GAMECHANGER.
GAMECHANGER does not require any client or instructor to meet offline with any other client or instructor. Clients agree to take reasonable precautions in all interactions with instructors and other GAMECHANGER clients. Clients understand and acknowledge that GAMECHANGER makes no guarantees, either express or implied, regarding your experience with instructors or clients, that clients and instructors meet through the service. Clients and instructors interact at their own risk and at their own peril.
In no event is GAMECHANGER liable to clients or to any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profits arising out of or relating to any act or omission by clients, instructors, GAMECHANGER, or any third party affiliated in any way with gamechanger. GAMECHANGER is not liable for any actions regarding any affiliation with GAMECHANGER instructors or clients, including without limitation, bodily injury, emotional distress, and/or any other damages.
GAMECHANGERNOW, LLC (hereafter referred to as GAMECHANGER) is here to help you connect with the students whom you never would have found on your own. While you continue to network, searching for students, and working with the students you already have, GAMECHANGER introduces you to additional students you’d never have met without us. We consider ourselves to be the icing on your cake, bringing you more work, more income, and new connections as we market your invaluable skillset.
At GAMECHANGER, we get to know instructors professionally and personally. Before we consider you to be a member of the GAMECHANGER team, you must meet the following requirements –
Background checks – We require all instructors affiliated with GAMECHANGER to have a completed background check on file and available for GAMECHANGER’S review if requested for any or no reason. If an instructor does not have a background check on file, said instructor must be willing to do a background check upon request.
Instructors expressly consent to GAMECHANGER collecting, using and disclosing any information obtained in any such report. GAMECHANGER can review and rely on the information in any reports obtained when deciding whether to terminate an instructor. GAMECHANGER is not responsible or liable in any way in the event that any information found in any obtained reports about any person is not accurate, timely, or complete. GAMECHANGER has the sole discretion and reserves the right to suspend and/or terminate instructors based on information in any independently obtained reports or for any other reason.
All instructors must be “experts” in their fields, with a complete knowledge of the content of the sport, instrument, or subject matter that they teach. This includes ALL central concepts and main ideas as well as basic concepts, definitions, and details of the course at each grade level and skill level that you propose to teach. We expect all tutors to be current on NYS curriculum and requirements as well as maintaining up-to-date knowledge of all standardized testing requirements.
GAMECHANGER requires instructors to research requirements for local curriculum. Therefore, instructors teaching a Regents course must have a deep understanding of all materials covered on the Regents. If a coach is training a child for a travel sport tryout, the coach should know the requirements of the tryout and be able to teach the strategy and skill set necessary for the student to achieve success. All instructors must be completely prepared for the lesson before meeting with the student. If necessary, please contact the student in advance of the appointment to ensure that you can proficiently teach the subject matter.
Instructors are expected to be professional and patient. Since our reputation is of paramount importance, we will not tolerate words or deeds that damage our good name. We expect our instructors to show up to lessons and appointments on time. NEVER cancel a lesson without at least EIGHT hours notice. Be polite to everyone in the household.
Instructors and coaches are expected to be articulate. In addition to having a complete knowledge of the course content, syllabus, and course standards, you must be able to clearly and logically communicate information to students.
Instructors are expected to act in the best interests of their students at all times. Instructors are expected to uphold their commitments to their clients barring any unforeseen emergencies or circumstances.
Therefore, once an instructor accepts a job at an agreed upon location with an agreed upon fee (and commission), the instructor is obligated to continue at the will of the family as long as all other circumstances (fee, location) remain the same as those originally agreed upon by the instructor. If at anytime, the instructor does not act in the best interest of a client, GAMECHANGER reserves the right to immediately terminate its association with said instructor.
If, at any time, an instructor chooses to affiliate with another Westchester County tutoring/referral service, said instructor is obligated to inform GAMECHANGER of said affiliation immediately (within 24 hours of this affiliation). We reserve the right to terminate instructors who choose to affiliate with another Westchester County tutoring service. This termination is done solely at the discretion of GAMECHANGER. All GAMECHANGER clients remain property of GAMECHANGER and cannot be moved with said Instructor to another tutoring/referral service. Instructor must keep all contact information for GAMECHANGER clients completely confidential and cannot, at any time, provide this information to a third party. GAMECHANGER reserves the right to take legal action if an instructor releases information regarding a GAMECHANGER client to a third party.
Instructors must acknowledge that a “GAMECHANGER client” comprises an entire family, not simply one member of the family.
Therefore, if you are instructing one student within a household and you are asked to instruct another student within the same household, that second student is also a gamechanger client. All instructors must pay a referral commission on any and all GAMECHANGER clients.
While gamechanger is always working on behalf of our instructors, GAMECHANGER makes no warranties regarding getting clients for instructors. Nor does gamechanger guarantee any minimal number of clients for an instructor. An instructor can be on the GAMECHANGER referral list but not work with any clients at any given time.
GAMECHANGER expects all instructors to behave in a professional manner regarding discussions of GAMECHANGER clients. Do not mention, acknowledge, or discuss names, situations, or progress regarding any other GAMECHANGER clients. Failure to adhere to this expectation can result in immediate termination.
Instructors cannot possess, use, sell, or be under the influence of alcohol or drugs while conducting instruction.
Instructors must observe all anti-harassment and non-discrimination laws in the performance of your services.
Instructors must pay commission on all of their GAMECHANGER lessons via the gamechangertutoring.com website or by mailing a weekly check on an up to date, weekly basis. All lessons must be recorded on the GOOGLE doc forms shared with instructors and must remain on the shared platform at all times.
GAMECHANGER reserves the right to suspend and/or terminate any instructor with or without notice at any time in its sole discretion, for any reason or for no reason. Instructors agree that, if suspended/terminated, they will make no further use of gamechangertutoring.com, completely cease contact with all GAMECHANGER clients, and GAMECHANGER reserves the right to remove their profile from gamechangertutoring.com without refunding any fees associated with said profile.
RESPONDING TO GAMECHANGER:
We expect our instructors to respond to us as quickly as possible, preferably within THREE HOURS of receiving an offer of a new student.
If we do not hear from an instructor within an appropriate amount of time of sending an email or leaving a voicemail, we will move onto the next instructor.
Additionally, GAMECHANGER reserves the right to revoke a job offer to any instructor who does not respond to GAMECHANGER or to a client within an appropriate amount of time, which is to be determined solely at the discretion of GAMECHANGER.
Please note that every GAMECHANGER client remains the property of GAMECHANGER for the life of the relationship. Therefore, no matter how long an instructor works with a GAMECHANGER client, the client remains the property of GAMECHANGER, and the instructor continues to be responsible for commission on this client. This applies whether you have a consistent or sporadic (stop/start) relationship with the GAMECHANGER client
Please note that every instructor is welcome to turn down any job. However, if you accept a job you are obligated to follow through with the client.
For local instruction, the client schedules appointments via the GAMECHANGER website and leaves a deposit to hold the appointment. The remainder of the fee is paid directly to the instructor at the time of the lesson.
All instructors must be paid at the time of each individual lesson. If you do not receive payment at the time of a lesson, you are solely responsible for receipt of payment.
All instructors must complete their GOOGLE doc forms on a weekly basis. All timesheets must be completed on our shared platform via the forms provided.
Failure to pay GAMECHANGER in a timely and appropriate manner could result in removal from our referral list and notification to clients that instructors no longer work with GAMECHANGER. If payment to GAMECHANGER is 10 days or more past due at any time, GAMECHANGER reserves the right to impose a $25 late fee to your account. If payment to GAMECHANGER is more than 20 days past due at any time, GAMECHANGER reserves the right to notify your clients and re-assign the lessons. If payment in the form of a check “bounces” and cannot be appropriately redeemed, the tutor/coach is responsible for replacing said payment and incurring any additional fees imposed by the bank.
For online instruction, clients will pay instructors’ fees through GAMECHANGER’S website. Instructors will receive payment within 72 hours of receipt by the GAMECHANGER system.
GAMECHANGER offers the option of commission payments made via our website. An upcharge of $1.50 per transaction will be charged to the instructor. GAMECHANGER continues to offer the option of mailing a weekly check to GAMECHANGER that must be mailed NO LATER THAN every Friday of every week that an instructor works with a GAMECHANGER client.
Instructors are expected to complete a google doc shared timesheet on a weekly basis whenever the instructor is working with a GAMECHANGER client. Failure to do so could result in a $10 administrative fee.
RELATIONSHIP WITH GAMECHANGER
Instructors are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to the performance of the services and receipt of compensation.
Instructors are solely responsible for conduct at any lesson or within any communication with student/client. At no time and under no circumstance or situation is GAMECHANGER responsible for any acts of misconduct on the part of the instructor or the student. As GAMECHANGER is a referral service, here to empower and enlighten clients and connect instructors to additional financial/teaching resources, instructors are not employees of GAMECHANGER and henceforth are completely and solely responsible for any accidents, mishaps, miscommunications that happen within the course of the instructor’s work with a client/student obtained via GAMECHANGER.
Instructors agree and understand that they assume all risks when working with GAMECHANGER, including without limitation any and all of the risks associated with any online or offline interactions with clients. Instructors agree to take all necessary precautions, without limitation. GAMECHANGER is not responsible for any disputes, claims, loss, injury, or damage of any kind that might arise before, during, or after any interactions between instructors and clients.
GAMECHANGER retains the right to link to outside websites and to advertise independent resources on gamechangertutoring.com. Instructors acknowledge that GAMECHANGER is not responsible for the availability, veracity, or endorsements of the content of any site or advertisement that appears on gamechangertutoring.com.
GAMECHANGER is not 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 content, goods, or services linked or advertised on gamechangertutoring.com.
GAMECHANGER reserves the right to post and publicize any comments by any GAMECHANGER clients or instructors affiliated with GAMECHANGER regarding service, reputation, and expectations about GAMECHANGER or its instructors. All comments will be used discreetly and confidentially.
Unless expressly authorized by GAMECHANGER, instructors cannot reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, download, transmit, or republish the content of gamechangertutoring.com in whole or in part.
Nothing in GAMECHANGER’S Terms can be construed as conferring any license to intellectual property rights.
GAMECHANGER can notify gamechangertutoring.com users via email, regular mail, or posting notices or links to notices on gamechangertutoring.com. GAMECHANGER can, at any time, modify, suspend, or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. GAMECHANGER may also delete, or bar access to or use of, all related information and files. GAMECHANGER is not liable for any third-party for any modification, suspension, or termination of service, or loss of related information. GAMECHANGER may amend these Guidelines at any time by posting the amended terms on gamechangertutoring.com