Last Updated: October 3, 2020

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.

These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals ages eighteen (18) or older who reside in the United States may use the EnergyLearners.com Site and/or the EnergyLearners.com Services (as defined below). Certain EnergyLearners.com Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Additional Terms"). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.

  • Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
  • This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against EnergyLearners.com to binding and final arbitration, which means that: (1) you will only be permitted to pursue claims against EnergyLearners.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
  • These Terms include the EnergyLearners.com Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
  • These Terms are subject to change by EnergyLearners.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.EnergyLearners.com/terms for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.EnergyLearners.com and any other websites, web pages, mobile applications and mobile websites operated by EnergyLearners.com ("EnergyLearners.com" or "we") in the United States, and the "Services" shall mean any of the various services that EnergyLearners.com provides through the Site or any other channels, including without limitation, online or over the telephone.  The "Site" and "Services" also include certain sites and services offered through the parent entity of EnergyLearners.com, Energy Learning Solutions LLC. (“Energy Learning Concierge"), to the extent explicitly described in these Terms.

However, the terms "Site" and "Services" do not include or involve the following:

  • Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by EnergyLearners.com and other subsidiaries, including without limitation Stripe.com, which provides the EnergyLearners.com payment service, and our international subsidiaries. The sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications.
  • Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by EnergyLearners.com which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by EnergyLearners.com via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
  • Third-party entities such as private schools, school districts or other entities that may use the EnergyLearners.com Site or Services to market their services and/or recruit employees. Such entities' use of the EnergyLearners.com Site and Services are subject to separate terms to which those entities agreed upon registering with EnergyLearners.com.

  1. Description of Services; Limitations; User Responsibilities 

1.1 About Our Services
EnergyLearners.com offers various Services to help its users find, coordinate, and acquire the services of certified teachers.  The Services we offer include, among others:

      • We enable individuals seeking educators (such as parents and legal guardians) (each “Teacher Searchers”) to hire individual certified teachers (each “Teachers”) to provide one on one and small group instruction online to students.
      • We provide search functionality on the Site to allow Teacher Searchers to narrow the pool of Teachers they are interested in meeting based on their needs and preferences, and we provide a communications and scheduling platform that allows Teacher Searchers and Teachers to communicate without sharing contact information.
      • We provide tools and information to help Teacher Searchers and Teachers make more informed decisions, such as (i) our safety center at http://www.EnergyLearners.com/safety which includes a safety guide and safety resources, and (ii) Teacher profiles, which enable Teacher Searchers to get more information about a Teacher's certification(s).
      • We may choose to provide functionality on the Site to allow Teacher Searchers to search for and message other Teacher Searchers to help Teacher Searchers to facilitate shared child care services and/or functionality that allows for reviews of Teachers by Teacher Searchers.
      • We provide a directory of entity Teachers from which users may schedule introduction meetings or appointments.
      • For certain Teacher Searchers who enroll in EnergyLearners.com who would like additional assistance in narrowing down the list of Teachers to choose from based on their respective needs and preferences as communicated to us, we offer the Assisted Search Service through our subsidiary, Energy Learning Concierge.
      • The Site may enable Registered Users to communicate and share information with other Registered Users.
      • The Site uses Stripe, Inc., ("Stripe"), a third-party service which facilitates the payment to Energy Learners by Teacher Searchers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the terms and policies posted on Stripe.com.
      • EnergyLearners.com may offer eligible Teachers access to various benefits from third party service providers, including, without limitation, those that offer access to educational supplies and services.
      • We offer, as part of the functionality contained in one or more of our mobile applications, the ability for Teacher Searchers and Teachers to schedule appointments (or sessions) and conduct introductions via live video streams. This feature is powered by technology (“Jitsi”), a third-party open source software that is independent of EnergyLearners.com. Teacher Searchers and Teachers shall not be deemed to have any contractual relationship with Jitsi. under these Terms of Use, and shall not be deemed to constitute third party beneficiaries under any agreement between EnergyLearners.com and TokBox, Inc. EnergyLearners.com shall be solely responsible for providing any customer service, if any, to Teacher Searchers or Teachers that elect to use the OpenTok Platform.
      • Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain the educational needs of their families. However, we do not employ any Teachers. Except as set forth below, Teachers are responsible for compliance with all applicable taxes and other legal requirements in connection with their services on EnergyLearners.com.

    • EnergyLearners.com requires each Teacher provide requisite documentation of their credentials and eligibility to work as a teacher in their state of residence.  We do not have absolute control over the quality, timing, or other services actually delivered by Teachers, or of the integrity, responsibility or actions of Teacher Searchers or Teachers. We seek to safeguard both Teachers and Teacher Searchers and will address any complaints promptly.
    • Teacher Searcher and Teacher content is primarily user generated, and we do not control or vet user generated content for accuracy. EnergyLearners.com does not assume any responsibility for the accuracy or reliability of any information provided by Teachers or Teacher Searchers on or off this Site. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
    • EnergyLearners.com is not responsible for the conduct, whether online or offline, of any Teacher Searcher, Teacher, or other user of the Site or Services. Moreover, EnergyLearners.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Teacher Searchers and Teachers, hereby expressly agree not to hold EnergyLearners.com (or EnergyLearners.com, it’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in EnergyLearners.com through their employer's benefits program, hereinafter "Affiliates") liable for the actions or inactions of any Teacher Searcher, Teacher or other third party or for any information, instruction, advice or services which originated through the Site, and, EnergyLearners.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3. User Responsibilities
EnergyLearners.com relies on certification information provided by Teachers. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Teacher for themselves or their family. Please visit our Safety Center at www.EnergyLearners.com/safety for recommendations on how to make more informed decisions.

  1. Eligibility to Use the Site and Services
    By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
    • Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
    • The Site and the Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where EnergyLearners.com subsidiaries or affiliates offer similar services.
    • If you are registering to be a Teacher, you must be permitted to legally work within the United States or Puerto Rico.
    • Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
    • You must not be a competitor of EnergyLearners.com or using our Services for reasons that are in competition with EnergyLearners.com.
    • If you are a Teacher, your services on this site may not be in conflict with your existing contracts.
  1. Rules for User Conduct and Use of Services 

3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent and warrant as follows:

      • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
      • You will register your account in your own legal name, even if you are seeking care for another individual or family member.
      • Unless otherwise permitted by EnergyLearners.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
      • You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from EnergyLearners.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to EnergyLearners.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
      • You understand and agree that EnergyLearners.com may elect, in its sole discretion, to review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of EnergyLearners.com violates these Terms or which EnergyLearners.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
      • You have the right, and hereby grant, to EnergyLearners.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by EnergyLearners.com will not infringe or violate the rights of any third party.
      • Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
      • EnergyLearners.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
      • We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of EnergyLearners.com and we may use all such communications, all without notice to, consent from, or compensation to you.
      • Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by EnergyLearners.com, are those of their respective authors. Such authors are solely responsible for such content. EnergyLearners.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will EnergyLearners.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
      • You agree that EnergyLearners.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
      • EnergyLearners.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold EnergyLearners.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.

3.2. Exclusive Use
If you are a Teacher Searcher, you may use your account only to find Teachers for yourself, your children, or individuals for whom you are the legal guardian. If you are a Teacher, you may use your account only to find teaching jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

    • If you are using the site to schedule a group (or pod) session you agree that no more than five students will participate and that the legal guardian of each participant under the age of 18 will have signed an authorization form provided by EnergyLearners.com/pod-authorization.

3.3. Prohibited Uses
By using the Site or Services of EnergyLearners.com, you agree that you will not under any circumstances:

      • Use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
      • Use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by EnergyLearners.com or for the promotion of illegal activities;
      • Harass, abuse or harm another person or group, or attempt to do so;
      • Use another user's EnergyLearners.com account;
      • Provide false or inaccurate information when registering an account on EnergyLearners.com, using the Services or communicating with other Registered Users;
      • Attempt to re-register with EnergyLearners.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
      • Interfere or attempt to interfere with the proper functioning of EnergyLearners.com Services;
      • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
      • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
      • Use the communication systems provided by or contacts made on EnergyLearners.com for any commercial solicitation purposes;
      • Publish or link to malicious content intended to damage or disrupt another user's browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of Teacher profiles a Teacher Searcher may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should EnergyLearners.com determine, in its sole and absolute discretion, that you violated the terms of this Section or any terms stated herein, EnergyLearners.com reserves the right, at its sole and absolute discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that EnergyLearners.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Teacher or Teacher Searcher information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights EnergyLearners.com may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, EnergyLearners.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

  1. Background and Verification Checks 
    • 4.1 We Rely on Information Provided by Certified Teachers.  As further set forth in Section 1.2 above, EnergyLearners.com requires each Teacher to provide requisite documentation of their credentials and eligibility to work as a teacher in their state of residence.  EnergyLearners.com relies on this information provided by Teachers. EnergyLearners.com reserves the right, in its sole and absolute discretion, to verify the certification status and accuracy of information provided by Teachers.
    • 4.2 EnergyLearners.com May Order and Use Background Screenings About You
       By registering for and using the Site or Services as a Teacher, you hereby acknowledge and agree that EnergyLearners.com has the right, but not the obligation, to use a third-party reporting agency to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users. Subject to certain additional disclosures and authorizations, if applicable to you as a Teacher, EnergyLearners.com may order these screenings when you register with EnergyLearners.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
      These internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered "consumer reports" under FCRA.
      You understand and agree that EnergyLearners.com may review the information provided by the third-party reporting agency and that EnergyLearners.com retains the right to terminate your EnergyLearners.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If EnergyLearners.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the reporting agency that created the report. We will also provide you a copy of the report unless the reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that EnergyLearners.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it (and not EnergyLearners.com) within the time period specified in your notice. Notwithstanding this, you agree that EnergyLearners.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
      BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A Teacher, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW EnergyLearners.com TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE EnergyLearners.com. 
    • 4.3 EnergyLearners.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
       By registering as a Teacher, and, if applicable to you as a Teacher, subject to your additional authorization, you authorize EnergyLearners.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, EnergyLearners.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
      You agree that EnergyLearners.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for EnergyLearners.com.
      You also hereby represent, understand and expressly agree that EnergyLearners.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
      BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A Teacher SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW EnergyLearners.com TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE EnergyLearners.com. 
    • 4.4 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
      SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE:       Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
      This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through EnergyLearners.com; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
      In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
      If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless EnergyLearners.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
      You expressly acknowledge that EnergyLearners.com has no obligation to perform Background Checks, internal Background Checks, or Verification Checks on any users. To the extent EnergyLearners.com performs such checks on certain users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
  1. Termination
    EnergyLearners.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the EnergyLearners.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with EnergyLearners.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if EnergyLearners.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, EnergyLearners.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
    Following any termination of any individual's use of the Site or the Services, EnergyLearners.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and, should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
  2. Privacy
    EnergyLearners.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
  3. Links To External Sites
    Links from the Site to external sites (including external sites that are framed by EnergyLearners.com) or inclusion of advertisements and other third-party content do not constitute an endorsement by EnergyLearners.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
    Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. EnergyLearners.com does not control such sites, and is not responsible for their content.
    Users further acknowledge that use of any site or content controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by EnergyLearners.com's Terms of Use and Privacy Policy. EnergyLearners.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold EnergyLearners.com harmless from any liability that may result from the use of links that may appear on the Site.
  4. Payment And Refund Policy
    In order to utilize some EnergyLearners.com Services or product offerings, the user of such Services or product offerings must pay EnergyLearners.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
    • 8.1 Billing and Payment
      If you sign up for a EnergyLearners.com paid membership subscription, when one is available, you agree to pay EnergyLearners.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize EnergyLearners.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. EnergyLearners.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
      To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize EnergyLearners.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if EnergyLearners.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
    • 8.2 Automatic Subscription Renewal and Cancellation
      EnergyLearners.com PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
      You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting the EnergyLearners.com customer service department at or JRW@Energylearners.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
    • 8.3 Free Trial Offers
      EnergyLearners.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a EnergyLearners.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by EnergyLearners.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Teacher Searcher or Teacher must downgrade or cancel their subscription and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Teacher Searcher or Teacher's credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
    • 8.4 Fees for Service
      If you are a Teacher Searcher, you may schedule and purchase services from one of our certified Teachers on our site.  If you schedule a session, you agree to pay EnergyLearners.com the price indicated on the Site at the time you schedule your session.  Purchases cannot be sold, transferred to other persons or exchanged for "real world" money or cash. You agree that all sales are final and non-refundable and you are not entitled to a refund of any unused sessions, including in the event that you close your account or your registration is terminated by us in accordance with Section 5 above.
    • 8.5 Refund Policy
      Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services. Refunds will only be extended when a session is cancelled by a Teacher or a Teacher does not show up for a scheduled session. 
  1. Release of Liability for Conduct and Disputes
    EnergyLearners.com is not an employer of Teachers. Teacher Searchers may seek the services of a Teacher through the use of the Site or Services, and Teachers may post profiles and Teacher Searchers may schedule appointments and introduction sessions with Teachers.  In some instances, such as through the Energy Learners Concierge may provide Teacher Searchers a customized list of potential individuals, companies and/or agencies to consider based on the information the Teacher Searcher provides us regarding their and their loved one's needs and preferences.

By using this Site or our Services, you hereby represent, understand, and expressly agree to hold EnergyLearners.com harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Teacher Searcher, Teacher or other user(s) of the Site that are not employed by our subsidiaries or affiliated companies. You agree to take reasonable precautions in all interactions with Teacher Searchers, Teachers or other users of the Site or the Services, particularly if you decide to meet online. In addition, you agree to visit the EnergyLearners.com Safety Center at www.EnergyLearners.com/safety prior to using the Service for additional helpful information. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to EnergyLearners.com immediately by notifying EnergyLearners.com of the same via electronic correspondence.

  1. Age Restrictions
    EnergyLearners.com is intended for people 18 or over. EnergyLearners.com will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.  Any information you provide regarding a young person (under 18) in your care is done with your consent and you are again confirming that you hold the rights to do so as a parent or legal guardian.
  2. Disclaimers; Limitations; Waivers; Indemnification
    • 11.1. No Warranty
      The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by EnergyLearners.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. EnergyLearners.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EnergyLearners.com; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EnergyLearners.com EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
      IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, EnergyLearners.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A Teacher OR TO EMPLOY THE SERVICES OF A Teacher.
      WITH RESPECT TO CORPORATE Teacher Searchers, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, EnergyLearners.com OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL EnergyLearners.com OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
    • 11.2. Assumption of Risk
      You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in theEnergyLearners.com Safety Center at www.EnergyLearners.com/safety, when interacting with other site visitors or Registered Users.
    • 11.3. Limitation of Liability
      Incidental Damages and Aggregate Liability.       In no event will EnergyLearners.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if EnergyLearners.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY of EnergyLearners.com, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID EnergyLearners.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
      No Liability for non-EnergyLearners.com Actions. IN NO EVENT WILL EnergyLearners.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

      In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. EnergyLearners.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

    • 11.4. Indemnification
      By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless EnergyLearners.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by EnergyLearners.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Teacher Searcher  or Teacher using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. EnergyLearners.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of EnergyLearners.com. Users further agree to hold harmless EnergyLearners.com and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
  1. Copyright Notices/Complaints
    It is the policy of EnergyLearners.com policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the EnergyLearners.com copyright agent (identified below) and providing the following information:
    • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
    • Identification of the material that you believe to be infringing and its location. Please describe the material, and, provide us with its URL or any other pertinent information that will allow us to locate the material.
    • Your name, address, telephone number and (if available) e-mail address.
    • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.

The EnergyLearners.com agent for copyright issues relating to this Site is as follows:
Copyright Agent
Legal Department
EnergyLearners.com, Inc.
400 Bentwood Way
Clute, Texas 77531 JRW@EnergyLearners.com

In an effort to protect the rights of copyright owners, EnergyLearners.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

13. Agreement to Arbitrate 

    • 13.1 Agreement to Arbitrate
      This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and EnergyLearners.com or a EnergyLearners.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    • 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
      YOU AND EnergyLearners.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND EnergyLearners.com EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST EnergyLearners.com AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EnergyLearners.com USERS.       If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    • 13.3 Pre-Arbitration Dispute Resolution
      EnergyLearners.com is always interested in resolving disputes amicably and efficiently. Therefore, before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at JRW@EnergyLearners.com or at EnergyLearners.com, Inc., 400 Bentwood Way. Clute, Texas 77531
    • 13.4 Arbitration Procedures

If we cannot resolve a dispute amicably, you understand that any legal and actionable controversy or claim arising out of or relating to this Agreement, including but not limited to the determination of the scope and applicability of this Agreement to arbitrate, the Services, and/or the App shall be submitted to final and binding arbitration to be held in Brazoria County, Texas, before a single, neutral arbitrator chosen by a process established by JAMS the Resolution Experts ("JAMS") and held  in accordance with JAMS' Comprehensive Arbitration Rules and Procedures ("Rules") in lieu of litigation and trial by jury. The rules are available for your review by clicking on this link:  JAMS RULES. The rules may be amended by JAMS after the execution of this Agreement and the undersigned agree to use the current version of the Rules at the time arbitration is commenced. Such rules are incorporated by this reference into this agreement as though set out in full.  Judgment on any award may be entered in a court having jurisdiction. The initiation, existence and outcome of any arbitration – including, but not limited to, any material filed with the arbitrator, the contents of all depositions or testimony, all documents produced during the course of the arbitration, any written decision, and any remedy imposed or damages awarded by the arbitrator – shall remain confidential. This arbitration agreement applies during the term of this Agreement and survives after the termination or expiration of this Agreement.

In the event of any arbitration or litigation between the parties arising out of this Agreement, or which relates in any way to the Services, the prevailing party therein shall be allowed all reasonable attorneys' fees, expert witness fees, arbitration fees and other litigation expenses, expended or incurred in such arbitration or litigation, to be recovered as part of the costs therein to the full extent allowable by law.

This Arbitration/Attorneys’ Fees Provision shall be governed by the Federal Arbitration Act.  The parties recognize and accept that by agreeing to arbitration they are waiving their right to litigate in civil court and to a trial by jury.

  1. Governing Law and Jurisdiction
    These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Texas, including Texas's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
    Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and EnergyLearners.com must be resolved exclusively by a state or federal court located in the State of Texas. You and EnergyLearners.com agree to submit to the personal jurisdiction of the courts located within the State of Texas for the purpose of litigating all such claims or disputes.
  2. Consent to Electronic Communication
    By using the Site or Services of EnergyLearners.com, you agree to allow EnergyLearners.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of teacher certification documents) from EnergyLearners.com via the EnergyLearners.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your EnergyLearners.com account, alerts, and messages, and the e-mail account reflected on your EnergyLearners.com on a reasonably regular basis to stay apprised of important notices and information about your account.
  3. Miscellaneous
    Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
  4. Severability
    If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
  5. Contact Information
    If you have any questions or need further information as to the Site or Services provided by EnergyLearners.com, or need to notify EnergyLearners.com as to any matters relating to the Site or Services please contact EnergyLearners.com at:
    Legal Department
    EnergyLearners.com, Inc.
    400 Bentwood Way
    Clute, TX  77531