Thank you for visiting us. We are Rec Technologies, Inc. (“Rec”, “we”, “our” or “us”) and we provide a technology platform helping you book sports facilities, find instructors and lessons, and join drop-in games. These Instructor Terms of Service (“InstructorTOS”) apply to your access to and use of our websites, mobile applications and other products and services (collectively, the “Rec Platform”) so that you can provide instructor services to Rec’s users (the “Instructor Services”). Please note that by accessing or using the Rec Platform, you are agreeing to these Instructor TOS, including the mandatory arbitration provision below. If you do not agree to these Instructor TOS, you may not access or use the Rec Platform. If you are accessing or using the Rec Platform on behalf of another person or entity, you represent and warrant that you are authorized to accept these Instructor TOS on their behalf.
PLEASE NOTE THAT THESE INSTRUCTOR TOS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND REC CAN BE BROUGHT. SEE SECTION 20 BELOW FOR MORE DETAILS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 20 BELOW.
Our community is of paramount importance. When providing Instructor Services through the Rec Platform, you agree to conduct yourself in accordance with our
, which are designed to help ensure a positive experience for Rec’s community of users, and which form a part of these Instructor TOS between you and Rec.
What Is the Rec Platform? The Rec Platform provides its users with the ability to play more recreational sports by helping them discover and reserve courts and other facilities, find instructors for lessons and classes, and find other players with whom to play. It is also a platform through which, among other things, users seeking athletic instruction can be matched with athletic instructors like yourself to provide your Instructor Services. Any decision by an Instructor to offer, or a user to accept, Instructor Services is a decision made in the user’s sole discretion and not determined by Rec. A separate agreement is formed between instructors and users when the user accepts the Instructor Services offered by the applicable Instructor. The Rec Platform is currently available in various locations within the United States.
Using the Rec Platform. By using the Rec Platform to provide Instructor Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Rec Platform, or engaged in any activity that could result in suspension or removal from the Rec Platform, and (c) have full power and authority to enter into these Instructor TOS and in so doing will not violate any other agreement to which you are a party.
Intellectual Property.
Your Right to Use the Rec Platform. Subject to these Instructor TOS, you are granted a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Rec Platform solely to provide Instructor Services.
Restrictions. Like all software platforms, your rights to use the Rec Platform come with important and customary restrictions. You may not, nor may you enable anyone else to, (i) impersonate any person or entity, (ii) stalk, threaten, or otherwise harass any person or carry any weapons, (iii) violate any law, rule or regulation, (iv) sell or resell the Rec Platform, (v) collect and use any service listings, pictures or descriptions, (vi) distribute, publicly perform or publicly display any of our content on the Rec Platform (“Rec Content”), (vii) modify or otherwise make any derivative uses of the Rec Platform or Rec Content, or any portion thereof, (viii) use any data mining, robots or similar data gathering or extraction methods, (ix) download any portion of the Rec Platform or Rec Content or any information contained therein, (x) use the Rec Platform or Rec Content in violation of these Instructor TOS or for any purposes other than their intended purposes, or (xi) post information or interact on or otherwise use the Rec Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing or illegal. Any use of the Rec Platform other than as specifically authorized in these Instructor TOS (including, without limitation, in our
) will automatically terminate the license granted above and result in the termination of Your User Account.
Our IP. The Rec Platform and Rec Content and all content and other materials provided or otherwise made available by Rec, including, without limitation, our marks, logo and all designs and website and app content, are Rec’s exclusive property or that of our licensors or users, and are protected by U.S. and international intellectual property laws. Except for the license granted above, no additional rights are granted and nothing in these Instructor TOS will be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything to the contrary in these Instructor TOS, the Rec Platform may include software components provided by us or a third party that are subject to separate license terms.
Account Creation; Background Screening. In order to access or use certain areas and features of the Rec Platform to provide Instructor Services, you need to create an instructor account (which may also be created by us on your behalf and at your request) (“Your Instructor Account”). By registering for an account, you agree to (a) provide accurate, truthful, current and complete account information, (b) maintain and promptly update your account information to maintain its accuracy and completeness, (c) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device, (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Rec Platform or Your Instructor Account; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. Additionally, your ability to establish Your Instructor Account and provide Instructor Services is subject to your completion of Rec’s standard background screening process, which may be performed by a third party (“Background Screening”). In connection with such Background Screening, you agree to provide all necessary information reasonably requested by Rec. If you do not provide all necessary information, or otherwise fail the Background Screening, you will not be permitted to provide Instructor Services or otherwise set up Your Instructor Account.
Your Representations & Warranties. You represent and warrant that:
You possess a valid driver’s license or other valid government-issued identification card.
You will not engage in reckless behavior while providing Instructor Services, including doing so while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Rec community, third parties or facilities.
You will not, while providing the Instructor Services, charge for Instructor Sessions (except as may be expressly provided in these Instructor TOS) or require that a Rec user pay for their Instructor Session in cash, or use a credit card reader to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under these Instructor TOS.
You will not attempt to defraud Rec or Rec users on the Rec Platform or in connection with your provision of Instructor Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fees otherwise owed to you for the Instructor Session(s) in question and take any other action against you available under the law.
You will not discriminate against any Rec users with disabilities.
We may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records for the duration of your provision of Instructor Services.
You will pay all applicable federal, state and local taxes based on your provision of Instructor Services and any payments received by you.
You will comply with Rec’s reasonable requests to provide information in connection with Rec user complaints, law enforcement requests, or any other incident.
Financial Terms.
Fees. Each session for which you provide Instructor Services through the Rec Platform is referred to as a “Instructor Session”. Your use of the Rec Platform to provide Instructor Services is subject to payment to Rec of an associated service fee separately provided to you by Rec (collectively, “Service Fees”). Unless otherwise set forth in these Instructor TOS or otherwise specified by us, all fees are non-refundable and non-cancelable. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your provision of Instructor Services. We may charge and collect these taxes, fees, and duties from you if we determine, in our sole discretion, they may apply. If you believe you have been charged for any taxes that do not apply, you agree to contact our support team within 30 days of invoice of such tax. You may have a duty to directly report and pay taxes if we do not collect such taxes. The Service Fees may be adjusted at any time and for any reason (or no reason) with or without notice to you.
Payment and Billing Information. In order to receive payment for any Instructor Services you have provided to Rec users, you will need to enter necessary banking information to Rec’s accounting platform. If your banking information cannot be verified, is invalid or is otherwise unacceptable, we may not be able to provide payment to you. You can update this information at any time in Rec’s accounting platform. You agree and authorize Rec and/or our payment processors to deduct all Service Fees due and owing from your payout amount, and to settle and transfer funds to your bank account.
Communications With You. When you create Your Instructor Account, you consent to receive electronic communications from us, which may be via email, SMS, push notification, through the Rec Platform, or otherwise or at any of the phone numbers provided by you or on your behalf. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. These communications may include transactional notices regarding Your Instructor Account, including related to payments, password changes and other information. We may also send you promotional communications, including, without limitation, newsletters, special offers, surveys and other news and information we think will be of interest to you. You can opt out of receiving these promotional communications at any time by following the unsubscribe instructions provided in these communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that opting out of receiving all communications may impact your use of the Rec Platform and/or related services. When you opt out of SMS or calls, you may receive a one-time opt-out confirmation text message
Procedure for Claiming Intellectual Property Infringement – DMCA Notice. We respect intellectual property laws and expect our users to do the same. It is Rec’s policy to terminate, in appropriate circumstances, users who infringe or are believed to be infringing the intellectual property rights of others. If you believe that anything on the Rec Platform infringes any copyright that you own or control, you may notify us at
. By using the Rec Platform, you acknowledge the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.
Termination and Account Cancellation. If you breach any of these Instructor TOS, we will have the right to suspend or disable Your Instructor Account or terminate these Instructor TOS at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Rec Platform at any time, with or without cause. In the event we terminate these Instructor TOS for your breach, you will remain liable for all amounts due hereunder. You may cancel Your Instructor Account at any time by contacting us at
. We reserve the right to at any time, with or without prior notice, in our sole discretion and for any reason, modify, suspend, terminate, or stop providing all or portions of the Rec Platform. Unless otherwise specified by us at the time of cancellation or termination, all licenses granted to you hereunder shall terminate automatically and your right to use the Rec Platform shall cease immediately if Your Instructor Account is terminated. We are not responsible for any loss or harm related to your inability to access or use the Rec Platform.
DISCLAIMERS. THE REC PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE REC PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE REC PLATFORM OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF, OR THAT YOU WILL RECEIVE OR OTHERWISE BE ENTITLED TO ANY PARTICULAR EARNINGS OR OTHER AMOUNTS THROUGH YOUR PROVISION OF THE INSTRUCTOR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REC OR THROUGH THE REC PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE REC PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REC PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE REC PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REC PLATFORM.
Indemnity. You agree to defend, indemnify, and hold Rec and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, partners, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, facilities providers, and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Instructor TOS, any law or the rights of a third party, and your use of the Rec Platform. You also agree that Rec will have control of the defense or settlement, at Rec’s sole option, of any third-party claims.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE REC PLATFORM AND ANY FACILITIES AND YOUR PROVISION OF ANY INSTRUCTOR SESSIONS REMAINS WITH YOU. NEITHER REC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE REC PLATFORM OR ASSOCIATED FACILITIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE INSTRUCTOR TOS OR FROM THE USE OF OR INABILITY TO USE THE REC PLATFORM OR ANY FACILITIES OR THROUGH ANY INSTRUCTOR SESSIONS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE REC PLATFORM WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REC PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL REC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE INSTRUCTOR TOS OR FROM THE USE OF OR INABILITY TO USE THE REC PLATFORM OR FACILITIES TO PROVIDE ANY INSTRUCTOR SESSIONS EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE REC PLATFORM OFFERS, AMONG OTHER THINGS, TOOLS, RESOURCES AND A PLATFORM TO CONNECT THOSE SEEKING ATHLETIC TRAINING WITH THOSE SEEKING TO PROVIDE INSTRUCTOR SERVICES. WE DO NOT EMPLOY ANY INSTRUCTORS (INCLUDING YOURSELF) AND WE HAVE NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USERS. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE PERFORMANCE OR CONDUCT OF ANY USERS OR OTHER THIRD PARTIES ONLINE OR OFFLINE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT YOUR INTERACTIONS OR DEALINGS WITH ANY USER, INSTRUCTOR OR OTHER THIRD PARTY EXCEPT AS EXPRESSLY STATED ON THE REC PLATFORM. WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO THE REC PLATFORM, ASSOCIATED FACILITIES OR YOUR INTERACTIONS OR DEALINGS WITH USERS, INSTRUCTORS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY ACTS OR OMISSIONS OF USERS OR OTHER THIRD PARTIES ONLINE OR OFFLINE. PLEASE NOTE THAT when USING ANY FACILITIES OR PARTICIPATING IN AN INSTRUCTOR SESSION, REC is not responsible for any lost or stolen items and that YOU are required to adhere to then-current policies in place AT SUCH FACILITIES. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE YOU CAUSE TO ANY SUCH FACILITIES.
Feedback. You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or the Rec Platform. You understand that we own and may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that we may treat feedback as non-confidential.
Export Control. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Rec Platform nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Assignment. You may not assign or transfer these Instructor TOS, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Instructor TOS without such consent will be null and of no effect. Rec may assign or transfer these Instructor TOS in its sole discretion without restriction. Subject to the foregoing, these Instructor TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Instructor TOS, will be in writing and given (a) by Rec via email (in each case to the primary account email address that you provide) or (b) by posting to the Rec Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Your Relationship with Rec. By agreeing to these Instructor TOS and when providing Instructor Services through the Rec Platform, you acknowledge and agree that you and Rec are in a direct business relationship, and the relationship between Rec and you is solely that of independent contracting parties. We both expressly agree that (a) this is not an employment agreement and it does not create an employment relationship between you and Rec, and (b) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Instructor TOS. You have no authority to bind Rec, and you undertake not to hold yourself out as an employee, agent or authorized representative of Rec.
Further, Rec does not, and shall not be deemed to, direct or control you generally or in your performance under these Instructor TOS specifically, including in connection with your provision of Instructor Services or your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the Rec Platform. Rec does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Rec Platform. You retain the option to accept or to decline or ignore a Rec user’s request for Instructor Services via the Rec Platform, or to cancel an accepted request for Instructor Services via the Rec Platform, subject to Rec’s then-current cancellation policies. Rec does not, and shall not be deemed to, require you to accept any specific request for Instructor Services as a condition of maintaining access to the Rec Platform. You acknowledge and agree that you have complete discretion to provide Instructor Services or otherwise engage in any other business or employment activities, including, without limitation, to providing services similar to the Instructor Services to other companies, and that Rec does not, and shall not be deemed to, restrict you from engaging in any such activity.
Controlling Law and Jurisdiction. These Instructor TOS and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
DISPUTE RESOLUTION – ARBITRATION. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. You and Rec agree that any dispute, claim or controversy arising out of or relating to these Instructor TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of the Rec Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to (a) bring an individual action in small claims court, (b) 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 a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available, and (d) seek injunctive relief in a court of law in aid of arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND REC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rec otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this Arbitration Agreement
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in the state of California.
Arbitration Location and Procedure. Unless you and Rec otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed US$10,000, then the arbitration will be conducted solely on the basis of documents you and Rec submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
Changes. Notwithstanding the provisions in Section 22 below, if Rec changes this “Dispute Resolution” section after the date you first accepted these Instructor TOS (or accepted any subsequent changes to these Instructor TOS), you may reject any such change by sending us written notice (including by contact us at
) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Rec’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rec in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these Instructor TOS or accepted any subsequent changes to these Instructor TOS.
Entire Agreement. These Instructor TOS constitute the entire and exclusive understanding and agreement between Rec and you regarding the Rec Platform, and these Instructor TOS supersede and replace any and all prior oral or written understandings or agreements between Rec and you regarding the Rec Platform.
Miscellaneous. The failure by Rec to enforce any right or provision of these Instructor TOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rec. Except as expressly set forth in these Instructor TOS, the exercise by either party of any of its remedies under these Instructor TOS will be without prejudice to its other remedies under these Instructor TOS or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Instructor TOS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Instructor TOS will remain in full force and effect. Throughout these Instructor TOS, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Instructor TOS or your use of the Rec Platform will survive. We may make changes to these Instructor TOS from time to time. If we make changes, we will post the amended Instructor TOS to the Rec Platform and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through The Rec Platform. Unless we say otherwise in our notice, the amended Instructor TOS will be effective immediately and your continued access to and use of the Rec Platform after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Instructor TOS, you must stop accessing and using the Rec Platform.
iOS Minimum EULA Requirements. The following terms apply if you are accessing or using our mobile application on an Apple Inc. (“Apple”) branded mobile device (the “App”).
Acknowledgement. The Instructor TOS are concluded between Rec and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
Scope of License. The license granted to you for the app under the Instructor TOS is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
Maintenance. We are not obligated to provide any support or maintenance services for the app, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
Warranty. To the effect not effectively disclaimed under Section 11 of these Instructor TOS, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 11, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Liability. Subject to Section 13 of these Instructor TOS, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the app or your possession and/or use of that app, including (i) product liability claims, (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
IP Claims. Subject to Section 12 of these Instructor TOS, in the event of any third-party claim that the App or your possession and use of our App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Instructor TOS and will have the right (and will be deemed to have accepted the right) to enforce these Instructor TOS against you as a third-party beneficiary thereof.
Name and Address. If you have any questions, complaints, or claims with respect to the App, they should be directed to us.
Contact Us. If you have any questions about these Instructor TOS, please contact us at
