This Terms of Use Agreement (TOU) governs the use of the services (the "Service") offered by Bigideateachers.com. ("Bigideateachers.com") at the Bigideateachers.com Web Site (the "Site"). Please read these Terms of Use ("Terms of Use" or "Agreement") before using or continuing to use the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by Bigideateachers.com at any time, effective upon posting on the Site of a revised version, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised version of the Terms of Use.
Bigideateachers.com provides a platform for job seekers, and those offering employment a place to connect with each other through self directed- searches, interviews, scheduling and hiring and/or job acceptance.
Bigideateachers.com is a communications platform for enabling the connection between individuals seeking services ("Administrators") ("Parents) and/or individuals seeking to provide services including School Leader, Substitute Teacher, Full-time Teacher, Part-time Teacher, Counselor, College Professor, Tutor, Instructors, Coaches and all other professional job titles included on the site("Educators")(collectively, "Member users"). Member users do hereby represent, understand and expressly agree that Bigideateachers.com does not have liability for or control over the veracity of Member users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Educators, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Administrators. All Member users do hereby expressly agree not to hold Bigideateachers.com (or Bigideateachers.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and Bigideateachers.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Member users of the Site contract between themselves. In no way is Bigideateachers.com involved in transactions for educational services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Member users must deal directly with the other User to resolve any disputes. Bigideateachers.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Member users. By using this Site, you do hereby represent, understand, and expressly agree to hold Bigideateachers.com harmless for any claim or controversy that may arise from any disputes between Member users of the Site. Bigideateachers.com will make a good faith effort to terminate Member users if a background check report indicates that the User does not meet the Eligibility Conditions and Bigideateachers.com reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to Bigideateachers.com. By using this Site, you do hereby agree to report any alleged improprieties of any Member users to Bigideateachers.com immediately by notifying Bigideateachers.com of the same via electronic correspondence at support@bigideateachers.com.
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Member users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any usage of the Site by any User that Bigideateachers.com finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. Bigideateachers.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Member users agree not to:
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Administrator or Educator, or by using this site, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Site or service:
Each User makes the above certification and agrees that (a) Bigideateachers.com may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Member users acknowledge that Bigideateachers.com does not have actual knowledge that the Eligibility Certification is true.
Educators and Administrators agree to make their own decisions and assessments about persons they employ. Bigideateachers.com does not independently verify that any or all of the Eligibility Conditions are met by any User.
All Member users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. Bigideateachers.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact Bigideateachers.com immediately. Links (such as hyperlinks) from Bigideateachers.com to other sites on the Web do not constitute the endorsement by Bigideateachers.com of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that Bigideateachers.com does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to to such websites (including without limitation external websites that are framed by the Bigideateachers.com Site as well as any advertisements displayed in connection therewith) does not mean that Bigideateachers.com endorses any of the material on such websites, or has any association with their operators. Member users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Bigideateachers.com's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. Bigideateachers.com expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All Member users do hereby agree to hold Bigideateachers.com harmless from any liability that may result from the use of links that may appear on the Site.
Bigideateachers.com is intended for people 18 or older. We have also made an effort to specifically limit Bigideateachers' appeal to people of age 18 or older. Bigideateachers.com will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. Bigideateachers.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Bigideateachers.com does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.
The Site and Service may be used to find, select and connect with other Member users for the purpose of receiving or providing educational services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Member users for employment, contracting, or any other purpose for a business not affiliated with Bigideateachers.com without express written permission from Bigideateachers.com. Should Bigideateachers.com find that you violate the terms of this section or any terms stated herein, Bigideateachers.com reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Site is for the use of individual Member users only and may not be used in connection with any commercial endeavors (other than the direct employment of an Educator by an Administrator or Parent) without the express written consent of Bigideateachers.com in advance. Organizations, companies, and/or businesses may only register as an Administrator and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from Bigideateachers.com is obtained in advance. Bigideateachers.com reserves the right to take appropriate legal action may be taken, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of Bigideateachers.com. Bigideateachers.com reserves the right to terminate your use of this Site at its sole discretion at any time. Advertisers must contact Bigideateachers.com directly in order obtain rights to promote services on the site.
Bigideateachers.com is only a network.
Bigideateachers.com is simply a network that helps people, Member users, find each other. Bigideateachers.com does not take part in the interaction between Member users. Bigideateachers.com is not able to manage any aspect of the services provided by its Member users. Bigideateachers.com makes no representations about the suitability, reliability, timeliness, and accuracy of the education and service provided by Member users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, Bigideateachers.com does not confirm that each User is who they claim to be. We recognize that there are a number of affiliate background check agencies that parents may use for tutoring services. We expect that all other Administrator will use their regular channels for ensuring that Educators are eligible for services expected. Bigideateachers.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. Bigideateachers.com does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
In the event that you have a dispute with one or more Member users, you release Bigideateachers.com (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Member users are responsible for providing accurate, timely and complete information to Bigideateachers.com in connection with their registration for and use of the Site. Bigideateachers.com is not responsible for any claims relating to any inaccurate, untimely, or incomplete information, including but not limited to Eligibility Certifications, provided to us. Member users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Member users hereby grant Bigideateachers.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in Bigideateachers.com's Privacy Policy, any submissions to Public Areas will be public, and Bigideateachers.com will not be responsible for the action of Member users with respect to any information or materials posted in Public Areas.
"Your Information" is defined as any information you provide to us or other Member users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to Bigideateachers.com that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Bigideateachers.com or cause Bigideateachers.com to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable Bigideateachers.com to use Your information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. Bigideateachers.com will also use Your Information in accordance with our Privacy Policy.
Bigideateachers.com may, as it develops over time without notice, make available to Member users one or more third party verification services that provide consumer reports or identity check services (collectively, "Verification Services") that enable Member users to inquire about selected information, including, but not limited to, the person's identity and certain criminal convictions. Use of the Verification Services is voluntary and Bigideateachers.com does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. You agree that Bigideateachers.com may, in its discretion, rely on the information but that Bigideateachers.com shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User, is not accurate.
If a Verification Service is used, Member users hereby warrant that they will comply with the Fair Credit Reporting Act, 15 USC 1681 ("FCRA"), which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf. Bigideateachers.com provides a summary of FCRA rights for Educators who authorize background checks and also provides notice when Bigideateachers.com determines to terminate a Bigideateachers.com account based on information in a background check. . Member users must comply with any applicable provisions of the FCRA relevant to them at all times, just as they would if they did not use Bigideateachers.com. Bigideateachers.com does not assume and expressly disclaims any liability that may result from the use of this information by Member users.
Bigideateachers is currently a free service for its Teacher and Parent Users. Administrators may pay a low monthly fee following a promotional period set forth by the Bigideateachers.com . The price structure may change in the future, but Member users lock into the rate and term of the subscription they choose upon registration. There are add-on features available to all Member users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, Bigideateachers.com, will provide access to a service like Paypal to charge the User's credit card according to the agreed-upon fee between User and Bigideateachers.com for use of the services of the Site. While Bigideateachers.com will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold Bigideateachers.com harmless for any damages that may result therefrom. Bigideateachers.com will use a third party service to process credit card information. For further information regarding that service, please contact Bigideateachers.com to request information about Bigideateachers.com's credit card processing company.
An eligible paying User may reinstate a subscription that has expired. A new price structure may apply at reinstatement.
Bigideateachers.com is currently a free service for its Teacher and Parent Users. Administrators pay a low monthly fee following a promotional period set forth by the Bigideateachers.com. T he price structure may change in the future, but Member users lock into the rate and term of the subscription they choose upon registration. Users will be provided with a 30 day notice advising them of any changes to their plans and subscriptions. Paying User subscriptions may be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior term's subscription rate. Bigideateachers.com will continue to renew subscriptions until the User requests a cancellation. If a User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term; the subscription will not be renewed after that term expires. However, Member users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
Member users agree not to hold Bigideateachers.com, Bigideateachers.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Member users release Bigideateachers.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
By agreeing to the terms of this Agreement, Member users agree to indemnify, defend, and hold harmless Bigideateachers.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Bigideateachers.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Bigideateachers.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Member users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Member users further agree that they will cooperate as reasonably required in the defense of such claims. Bigideateachers.com and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member users, and Member users shall not, in any event, settle any claim or matter without the written consent of Bigideateachers.com. Member users further agree to hold harmless Bigideateachers.com and Affiliates, as well as, if applicable, the User's employer1 or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site. You may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry via company email account addressed to support@bigideateachers.com.
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by Bigideateachers.com as provided hereunder. Bigideateachers.com may terminate this Agreement by providing the affected User or Member users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Member users' this notice may be included in or accompany notices of "adverse action" given when termination is based on information in a consumer report (such as a background check). Furthermore, Bigideateachers.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Bigideateachers.com as posted on the Site from time to time. If Bigideateachers.com terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Bigideateachers.com. Except as required by law, Bigideateachers.com is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, Bigideateachers.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Member users see or read on the Site is owned by Bigideateachers.com Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Bigideateachers.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Member users may not copy, download, use redesign, reconfigure, or retransmit anything from the Bigideateachers.com Site without Bigideateachers.com's prior express written permission. Furthermore, Member users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Member users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Bigideateachers.com and/or the relevant right holder.
The service marks and trademarks Bigideateachers.com and Bigideateachers.com logo are service marks owned by Bigideateachers.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Member users acknowledge the rights of Bigideateachers.com and the respective third parties in those marks. Member users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use. Notice of Availability of Filtering Software We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Member users are hereby informed by Bigideateachers.com, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Bigideateachers.com's Privacy Policy located on its Site as modified by Bigideateachers.com from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to that policy.
Bigideateachers.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Member users have the same rights with regard to their self-generated content on the Site. Member users agree that Bigideateachers.com shall not be liable to User or any third party for any modification or discontinuance of the Site.
Member users are responsible for maintaining the confidentiality of any password and account number provided by themselves or Bigideateachers.com for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Bigideateachers.com of any unauthorized use of Member users's password or account or any other breach of security.
Member users are not legally affiliated with Bigideateachers.com in any way merely by virtue of their membership or usage of Bigideateachers.com's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Bigideateachers.com is not an employment service and does not serve as an employer of any User that may use this Site. Bigideateachers.com is only a venue for connecting Member users. As such, Bigideateachers.com expressly disclaims any liability that may arise between Member users of its Site.
In the interest of maintaining the performance and availability of the site and in enforcing these Terms of Use, Bigideateachers.com reserves the right to place certain limitations on User's access to the site and certain site features. These limitations may include (but are not limited to) the number of messages sent through the system, the number of background checks performed and the number of additional products that may be purchased through the site. User acknowledges that this term supersedes any specific offer made by Bigideateachers.com and that these limitations may be enforced at Bigideateachers.com's sole discretion. If User feels that these limitations are interfering with legitimate use of Bigideateachers.com in keeping with the Terms of Use, User agrees to refer this concern to Bigideateachers.com Customer Service and abide by the determination of the Customer Service Representative.
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER BIGIDEATEACHERS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. REELTEACHERS.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. BIGIDEATEACHERS.COM INC. AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY MEMBER USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY MEMBER USERS. REELTEACHERS.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY MEMBER USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. MEMBER USERS AGREE NOT TO HOLD REELTEACHERS.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY MEMBER USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Under no circumstances will Bigideateachers.com or its Affiliates be liable to Member users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of Bigideateachers.com or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Bigideateachers.com may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect the rights of property for you or Bigideateachers.com pending the completion of arbitration.
Failure by Bigideateachers.com to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Bigideateachers.com, shall be exclusively brought in the federal, state, or local courts located in Chicago, Illinois; and, with regard to such claims and disputes, Member users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Member users and Bigideateachers.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Bigideateachers.com, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, 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. This Agreement shall be interpreted in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Chicago, Illinois. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Bigideateachers.com and Member users with respect to the subject matter hereof, and Member users have not relied upon any promises or representations by Bigideateachers.com with respect to the subject matter except as set forth herein.
If Bigideateachers.com becomes aware (such as through a background check) that an Eligibility Condition is not met or appears not to be met, Bigideateachers.com may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. Bigideateachers.com reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. Bigideateachers.com hereby disclaims, and each User agrees Bigideateachers.com shall have not have, any liability whatsoever for: (1) any inaccuracy of a User's Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or (2) misstatements and/or misrepresentations made by any User of this Site. Member users hereby represent, warrant, and agree to indemnify, defend and hold Bigideateachers.com harmless from and against the foregoing.