Terms of Use
Terms of Use
Welcome to The ZipSyndicate. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at zip@zipmentoring.com, (438) 925 2209
These Terms of Use (the “Terms”) are a binding contract between you and Pentzke Group II, LLC (“The ZipSyndicate,” “we” and “us”). By signing up for an account or otherwise interacting with or using the Services You agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you, what happens if our relationship terminates, and automatic renewals, and limitations of liability.
WILL THESE TERMS EVER CHANGE?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, and if we do, the change will be effective upon the posting of the amended Terms on the www.TheZipSyndicate.com website. We will do our best to bring any changes to your attention by placing a notice on the www.TheZipSyndicate.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
WHAT ABOUT MY PRIVACY?
The ZipSyndicate takes the privacy of its users very seriously. For the current The ZipSyndicate Privacy Policy, please see Privacy Policy.
WHAT ARE THE BASICS OF USING THE ZIPSYNDICATE?
The ZipSyndicate is a network that connects education professionals and / or their representatives (“Educators”) and those looking to engage Educators’ services (“Students”). A person who completes The ZipSyndicate’s account registration process, attends a course, enters into an agreement with The ZipSyndicate, or teaches a class including Educators and Students, is a “Member.” When we use the word “you” in these Terms, it refers to any Member, while if we use one of those specific terms, it only applies to that category of user.
Educators (or ”Clients”, as per their separate agreement with us) arrange and organize education classes on premises of the Educator’s choosing (“Classes”). Educators may list Classes as available via the Services (“Listings”). Students may reserve spots in Listings via the Services (“Enrollment”). You may view Listings as an unregistered visitor to the Services; however, if you wish to enroll in Class or create a Listing, you must first register to create a The ZipSyndicate Account (defined below) or agree (in writing, via email signature, etc.) to Terms of Use.
While these Terms do place certain restrictions on our Members’ use of our Services, you understand that The ZipSyndicate is not a party to the relationship formed between an Educator and a Student. A Student may use The ZipSyndicate to facilitate its receipt of professional services from an Educator (“Educator Services”), but The ZipSyndicate can’t and won’t be responsible for making sure those Educator Services are actually provided or are up to a certain standard of quality, or for mediating disputes between Educators and/or Students. The ZipSyndicate similarly can’t and won’t be responsible for ensuring that information (including credentials) a Student or Educator provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Student or Educator, and Educators aren’t our employees.
A Student and an Educator may choose to enter into a separate agreement outside of The ZipSyndicate regarding the Educator Services, to which we are not a party and aren’t responsible for enforcing (an “Outside Agreement”). We encourage you to use Outside Agreements but will not review their terms. If you choose to enter into an Outside Agreement, it must not, in any manner, conflict with any of the terms herein.
IF YOU CHOOSE TO CREATE A LISTING ON THE ZIPSYNDICATE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH THE ZIPSYNDICATE IS LIMITED TO BEING A MEMBER AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF THE ZIPSYNDICATE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF THE ZIPSYNDICATE. THE ZIPSYNDICATE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF THE ZIPSYNDICATE, INCLUDING BY INAPPROPRIATELY USING ANY THE ZIPSYNDICATE INTELLECTUAL PROPERTY, UNLESS OTHERWISE PERMITTED TO DO SO BY THE ZIPSYNDICATE.
HOW CAN I CREATE A THE ZIPSYNDICATE ACCOUNT?
In order to access certain features of the Services and to enroll in a Class or create a Listing, you must register to create an account (“The ZipSyndicate Account”), and become a Member. You promise to provide us with accurate, complete, and updated registration information about yourself. The ZipSyndicate reserves the right to terminate your The ZipSyndicate Account and your access to the Services if you create more than one The ZipSyndicate Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract. You understand and agree that you must provide accurate information. The ZipSyndicate may, for transparency or fraud prevention or detection purposes (directly or through third parties) ask you to provide a form of government identification (for example, your driver’s license or passport), your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources. However, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You’re responsible for any activity associated with your The ZipSyndicate Account.
HOW CAN I CREATE A LISTING?
Only Educators may create Listings. To create a Listing, an Educator will be asked a variety of questions about the Class to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Class and pricing and related rules. The placement or ranking of Listings in search results may depend on a variety of factors, including, Student and Educator preferences, ratings and/or ease of Enrollment. A Educator may choose to include certain requirements which Students must meet in order to be eligible to request an Enrollment of the Educator’s Class, such as requiring Students to have visited the Class in order to enroll in that Class.
Educators alone are responsible for any and all Listings they post. Accordingly, each Educator represents and warrants that any Listing such Educator posts, any Enrollment thereof, or a Student’s use of a Class in an Educator’s Listing (i) will not breach any agreements the Educator has entered into with any third parties, such as homeowners association, condominium, or other third party agreements, (ii) will be in compliance with all applicable laws (such as zoning laws), tax requirements, intellectual property laws, and rules and regulations that may apply to any Class included in a Listing the Educator posts (including having all required permits, licenses and registrations), and (iii) not conflict with the rights of third parties. Please note that The ZipSyndicate assumes no responsibility for an Educator’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. The ZipSyndicate reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The ZipSyndicate, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.
The ZipSyndicate may make certain tools available to help Educators to make informed decisions about which Students the Educators choose to confirm or preapprove for Enrollments. Educators may only accept and/or reject Enrollments in accordance with applicable law. A Educator must fulfill all Enrollments he or she accepts. An Educator is responsible for the Educator’s own acts and omissions and is also responsible for the acts and omissions of any individuals who participate in or are otherwise present at a Class at the Educator’s request or invitation, excluding the Student (and the Student).
The ZipSyndicate recommends that Educators obtain appropriate insurance for their Classes. An Educator must review any insurance policy that the Educator may have for the Educator’s Class carefully, and in particular must make sure that the Educator is familiar with and understands any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not such insurance policy will cover the actions or inactions of or relating to Students while at the Educator’s Class. The ZipSyndicate does not act as an insurer or contracting agent, notwithstanding any facilitation of any insurance coverage we may assist a Educator in obtaining.
Before an Educator has confirmed any Enrollments in a Listing, the Educator may cancel that Listing. After the Educator has confirmed one or more Enrollments in a Listing and the Educator cancels the Listing, the applicable Deposits shall be returned to the applicable Students and the Educator will not be able to create another Listing without contacting zip@zipmentoring.com. In addition, the Educator shall be subject to any applicable Post-Termination Educator Fees.
Automatic Renewals for a User’s Enrollments (if applicable). Unless a Student opts out of auto-renewal, which can be done through such Student’s account settings, any Enrollments for ECE Classes for which the Student has signed up will be automatically extended for successive renewal periods of the same duration as the term originally selected, at the then-current non-promotional rate for such ECE Class as specified in the applicable Listing. To change or terminate an Enrollment at any time, a Student may go to account settings or by contacting the applicable Educator via the Services. If a Student terminates an Enrollment, the Student may use that Enrollment until the end of the then-current term and the Enrollment will not be renewed after the then-current term expires. However, the Student will not be eligible for a prorated refund of any portion of the ECE Class Fee paid for the then-current Enrollment period. If a Student does not want to continue to be charged on a recurring basis, the Student must cancel the applicable Enrollment through his or her account settings or terminate the Student’s The ZipSyndicate account BY CONTACTING ZIP@ZIPMENTORING.COM OR BY CONTACTING THE APPLICABLE EDUCATOR VIA THE SERVICES before the end of the recurring TERM. Enrollments cannot be terminated before the end of the period for which the Student has already paid, and except as expressly provided in these terms, The ZipSyndicate will not refund any fees that a Student has already paid.
Reaffirmation of Authorization (if applicable). A Student’s non-termination or continued use of an Enrollment reaffirms that we are authorized to charge the payment method added to such Student’s The ZipSyndicate Account, such as a credit card, PayPal, or electronic funds transfer (“Payment Method”) for that Enrollment. We may submit those charges for payment and the Student will be responsible for such charges. This does not waive our right to seek payment directly from the Student. The Student’s charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the Enrollment.
HOW DO I CANCEL AN ENROLLMENT?
If a Student wishes to cancel a confirmed Enrollment made via the Services, either prior to or after the Student has begun the Class, the cancellation policy of the Educator as described in the applicable Listing will apply to such cancellation. The cancellation policy as described in the applicable listing will specify when the Deposit is forfeit due to a cancellation of a confirmed Enrollment. Our ability to refund the Class Fees and other amounts charged to the Student will depend upon the terms of the applicable cancellation policy. The Student Fee is non-refundable. The ZipSyndicate will initiate any refunds due pursuant to these Terms.
If a Student cancels a requested Enrollment before the requested Enrollment is confirmed by the Educator, The ZipSyndicate will cancel any pre-authorization to the Student’s Payment Method and/or refund any nominal amounts charged to such Student’s Payment Method in connection with the requested Enrollment within a commercially reasonable time.
If a Student cancels a confirmed Enrollment or The ZipSyndicate decides that it is necessary to cancel a confirmed Enrollment, and The ZipSyndicate issues a refund to the Student in accordance with these Terms or other applicable cancellation policies, the Educator agrees that in the event the Educator has already been paid, The ZipSyndicate will be entitled to recover the amount of any such refund from such Educator, including by subtracting such refund amount out from any future Educator Disbursements (defined below) due to such Educator.
If an Educator cancels a confirmed Enrollment made via the Services, (i) The ZipSyndicate will refund the Total Fees for such Enrollment to the applicable Student pursuant to these Terms and (ii) the Student will receive a message from The ZipSyndicate containing alternative Listings and other related information. If the Student requests an Enrollment from one of the alternative Listings and the Educator associated with such alternative Listing confirms the Student’s requested Enrollment, then the Student agrees to pay The ZipSyndicate the Total Fees relating to the confirmed Enrollment for the Class in the alternative Listing, in accordance with these Terms. If a Educator cancelled a confirmed Enrollment and you, as a Student, have not received a message from The ZipSyndicate, please contact info@joinThe ZipSyndicate.com.
An Educator may not cancel a confirmed Enrollment. Educators understand and agree that if a Educator cancels a confirmed Enrollment, The ZipSyndicate may apply penalties or consequences to such Educator or such Educator’s Listing, including (i) publishing an automated review on such Educator’s Listing indicating that an Enrollment was cancelled, (ii) keeping the availability for such Educator’s Listing unavailable or blocked for the dates of the cancelled Enrollment, or (iii) imposing a cancellation fee. Educators will be notified of the situations in which a cancellation fee applies before deciding to cancel.
WHAT ARE THE FINANCIAL TERMS REGARDING ENROLLMENTS?
Students are responsible for paying the amounts due and payable by a Student in exchange for attending the Class (the “ Class Fees”) and the fees that The ZipSyndicate charges Students for use of the Services (“Student Fees”), (collectively, the “Total Fees”). The Total Fees payable will be displayed to a Student before the Student Registers for a Class. The ZipSyndicate will collect the Total Fees from each Student Class Registration (depending upon the Student’s Payment Method).
The Student agrees that The ZipSyndicate may charge the Student’s Payment Method the Total Fees for any Class Registration. In order to establish a Class Registration the Student understands and agrees that The ZipSyndicate, on behalf of the Educator, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via such Student’s Payment Method for the Total Fees or (ii) charge the Student’s Payment Method a nominal amount, not to exceed one dollar ($1), to verify the Student’s Payment Method. As a general rule, The ZipSyndicate will collect the Total Fees due once The ZipSyndicate receives confirmation of a Student’s Educator Class Registration. In instances in which The ZipSyndicate is unable to collect Total Fees in the ordinary course, The ZipSyndicate may elect to collect Total Fees at a later point in time.
Within thirty (30) days of the end of each calendar month during the Service Term (defined below), The ZipSyndicate will calculate the Net Revenue (defined below) for confirmed Enrollments purchased during such calendar month for each Educator and remit a percentage of the applicable Net Revenue to the Educator as agreed by the applicable Educator and The ZipSyndicate during the registration process (“Educator Disbursements”). Educator Disbursements will be made in U.S. Dollars or Canadian Dollars via the payout method the Educator has added to his or her The ZipSyndicate Account, such as PayPal, direct deposit or electronic funds transfer or a prepaid card (“Payout Method”) chosen by the Educator. The time it takes an Educator to receive Educator Disbursements once released by The ZipSyndicate may depend upon the Payout Method. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Educator, including by deducting their charges from the payout amount. “Net Revenue” means amounts actually received by The ZipSyndicate from Students for their Enrollments, less (i) sales taxes, use taxes, withholding taxes, value added taxes and any other taxes, duties or other government tariffs that a governmental authority requires The ZipSyndicate to pay with respect to the subject matter hereunder, (ii) Student Fees, (iii) any amounts owed by the applicable Educator to The ZipSyndicate (whether as a result of such Educator’s Enrollments or actions as a Student or otherwise), and (iv) any disputes and refunds.
Educators are responsible for any and all applicable federal, provincial and local taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) relating to the subject matter hereunder, excluding taxes based on The ZipSyndicate’s income. Educators will provide The ZipSyndicate with all requested data or information relevant to the Enrollments, including all Payout Method and tax identification information, and will ensure that information is accurate and up-to-date. Failure to provide requested information or keep such information accurate and up-to-date may prevent The ZipSyndicate from making any Educator Disbursements due hereunder.
Appointment of The ZipSyndicate as limited payment collection agent for Educator. Each Educator hereby appoints The ZipSyndicate as the Educator’s limited payment collection agent solely for the purpose of accepting the Class Fees from Students. Each Educator agrees that payment made by a Student through The ZipSyndicate, shall be considered the same as a payment made directly to the Educator, and the Educator will make the Class available to the Student in the agreed-upon manner as if the Educator has received the Net Revenue for the applicable Enrollment. Each Educator agrees that The ZipSyndicate may, in accordance with the cancellation policy selected by the Educator and reflected in the relevant Listing, refund to the Student that portion of the Class Fees specified in the applicable cancellation policy. Each Educator understands that The ZipSyndicate accepts payments from Students as the Educator’s limited payment collection agent and that The ZipSyndicate’ obligation to pay the Educator is subject to and conditional upon successful receipt of the associated payments from Students. The ZipSyndicate does not guarantee payments to Educators for amounts that have not been successfully received by The ZipSyndicate from Students. In accepting appointment as the limited collection agent of the Educator, The ZipSyndicate assumes no liability for any acts or omissions of the Educator.
No Payments for Listings outside the Services. You represent, warrant, and agree that you will not accept or make a payment for any Listing outside of the Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these terms, (ii) accept all risks and responsibility for such payment, and (iii) hold The ZipSyndicate harmless from any liability for such payment.
FEES AND PAYMENT
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at zip@zipmentoring.com.
WHAT IF A STUDENT(S) ARE RESPONSIBLE FOR DAMAGE IN A CLASS?
As a Student you are responsible for your conduct and for Student leaving the Class (including any personal or other property located at a Class) in the condition it was in when you arrived. You acknowledge and agree that, as a Student, you are responsible for your acts and omissions and are also responsible for the acts and omissions of any other individuals whom you invite to, or otherwise provide access to, the Class. In the event of any such damages, the Student and the applicable Educator (and not The ZipSyndicate) shall be fully responsible for resolving any related disputes.
YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS:
You understand and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Violates any law or regulation, including, without limitation, any applicable export control laws, zoning regulations or tax regulations;
Infringes or violates the intellectual property rights or any other rights of anyone else (including The ZipSyndicate);
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your The ZipSyndicate Account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Falsely implies The ZipSyndicate endorsement, partnership or otherwise misleads others as to your affiliation with The ZipSyndicate.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
WHAT ARE MY RIGHTS IN THE SERVICES?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including The ZipSyndicate’s) rights.
You understand that The ZipSyndicate owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
DO I HAVE TO GRANT ANY LICENSES TO THE ZIPSYNDICATE OR TO OTHER USERS?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant The ZipSyndicate a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal The ZipSyndicate Account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant The ZipSyndicate the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant The ZipSyndicate the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant The ZipSyndicate the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all The ZipSyndicate users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with The ZipSyndicate’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide, provided that when you delete your The ZipSyndicate Account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from The ZipSyndicate’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. You understand and agree that The ZipSyndicate, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Further, you will not use any Content or User Submission in a manner that uses, exposes, or allows to be used or exposed, any Content or User Submission: (i) that is not publicly displayed by The ZipSyndicate in its search results pages or listing pages before an Enrollment is confirmed; (ii) in any way that is inconsistent with these Terms or the Privacy Policy; or (iii) in any way that otherwise violates the privacy rights or any other rights of The ZipSyndicate’s users or any third party.
WHAT IF I SEE SOMETHING ON THE SERVICES THAT INFRINGES MY COPYRIGHT?
If you believe your copyright has been violated, email us at zip@zipmentoring.com and we will begin an investigation, and remove the Content if we feel it is appropriate.
WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by The ZipSyndicate. When you access third party websites or use third party services, you accept that there are risks in doing so, and that The ZipSyndicate is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
The ZipSyndicate has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services (including any Member). In addition, The ZipSyndicate will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that The ZipSyndicate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that The ZipSyndicate is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release The ZipSyndicate, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
WILL THE ZIPSYNDICATE EVER CHANGE THE SERVICES?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
WHAT IF I WANT TO STOP USING THE SERVICES?
Subject to your obligations under these Terms (including without limitation, for all applicable Educators, the payment of applicable Early Termination Fees and/or Post-Termination Educator Fees, and for all applicable Students, the applicable payment of Deposits), you are free to stop using the Services at any time, by contacting us at zip@theZipSyndicate.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
The ZipSyndicate is also free to terminate (or suspend access to) your use of the Services or your The ZipSyndicate Account, for any reason in our discretion, including your breach of these Terms. The ZipSyndicate has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your The ZipSyndicate Account, so keep that in mind before you decide to terminate your account.
If you have deleted your The ZipSyndicate Account by mistake, contact us immediately at info@joinThe ZipSyndicate.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
WHAT ELSE DO I NEED TO KNOW?
WARRANTY DISCLAIMER.
Neither The ZipSyndicate nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from The ZipSyndicate or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY THE ZIPSYNDICATE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE ZIPSYNDICATE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE ZIPSYNDICATE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, GREATER THAN (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THE ZIPSYNDICATE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO THE ZIPSYNDICATE'S DECISION TO ENTER INTO THE AGREEMENT BETWEEN THE ZIPSYNDICATE AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold The ZipSyndicate, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your The ZipSyndicate Account, in any way (by operation of law or otherwise) without The ZipSyndicate’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the The ZipSyndicate may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and The ZipSyndicate agree that these Terms are the complete and exclusive statement of the mutual understanding between you and The ZipSyndicate, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The ZipSyndicate, and you do not have any authority of any kind to bind The ZipSyndicate in any respect whatsoever.
You and The ZipSyndicate agree there are no third party beneficiaries intended under these Terms.
The parties acknowledge that they have required that these Terms as well as all documents, notices and legal proceedings executed, given or instituted pursuant hereto or relating directly or indirectly hereto, be drawn up in English.