Terms of Service
Last Updated: 08.20.2018
Your Acceptance of the Terms
You agree that this Agreement forms a legally binding agreement between you and us relating to your ability to use the Site and the Services provided therein. You agree to all of the terms and conditions set forth in this Agreement by using the Site. You agree to use the Site only for lawful purposes permitted under this Agreement and in accordance with applicable law in your relevant jurisdiction. You may not access, use, or provide any information to the Site if you are barred or restricted from such actions under the laws of any country in which you are a citizen or resident, or from which you access the Site.Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.Modifications to Website
You understand and agree that we reserve the right to modify, suspend or discontinue any part or all of the Site or the Services at anytime and that We will not be liable to You (or to any other person) for doing so, even if such modifications make it more difficult or impossible for you or any other person to interact with the Site or obtain any service for which you have paid.Who May Use the Services
By using this Site, You certify that you are at least 17 years of age. If you are under 13 years of age, then you are not permitted to use this Site . If you are 13 to 17 years of age, then you are permitted to use this Site, provided, however, that your parent or legal guardian must accept the terms of this Agreement and agree to be bound by this Agreement on your behalf. If you are accepting this Agreement on behalf of someone who is 13 to 17 years of age, you understand and agree that you, as the parent or legal guardian, are fully responsible for such person’s actions, including, without limitation, all legal liability and financial obligations such person may incur.Permitted Use
You will only use the Services for your own personal use (and not on behalf of or for the benefit of any third party), and only in a manner that complies with all laws that apply to you. You may not resell or make any commercial use of the Services or any Content therein. Any Content you access through the Services is licensed, not sold to you, regardless of the use of the term “purchase” herein. You are prohibited from soliciting other Users to contact you outside the Services, including Instructors, for any purpose. “Content” means the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, course materials, class notes, flash cards, Expert Answers, and so forth. “Submissions” means any Content you post, upload, share, store, or otherwise provide through the Services, whether as an Instructor or User. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. We are not responsible for editing, modifying, filtering, screening, monitoring, endorsing or guaranteeing any Content. Note that we DO NOT provide any answers or academic and/or educational Content ourselves, and we are not liable for any acts or omissions of Users, the accuracy or completeness of their answers or even their ability to provide answers. We cannot ensure that a User will complete a transaction. Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. Communications facilitated by the Service do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Service are limited and do not include safeguards and procedures typical of in-person evaluations and visits.Registration and Your Information
If you want to use the Services you'll have to create an account ("Account"). It's important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. You agree that you will create only one Account, and you will not impersonate any other individual or misrepresent your affiliation with any person or entity when setting up your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them. By signing up for an account you are agreeing to receive electronic communications from ridemyhw.com or our partners.Billing Policies
Notetaker will be paid commission for sales generated by their material. The commission rate for every study package (“class notes + study guide + a test”) is 65% of the fee paid by buyer. If the Notetaker fails to upload any of the study package materials stated above, the commission fee will be reduced to 55% of the fee paid by the buyer. If the Notetaker fails to upload two of the study package materials stated above then the Notetaker will not be awarded a commission.
The Notetaker shall upload the study package materials (class notes + study guide + a test) by 11.59 PM Saturday. If he/she fails to do so, then the commission rate will be reduced 5% for every late day.Promoting Ride My Homework
We expect that the Notetaker advertises her/his notes once at the beginning of the course in which he/she is a Notetaker by sending E-mail to class in each course in which she/he is a Notetaker and/or by posting on Facebook about ridemyhw.
We expect that the Notetaker posts a study guide at least 4 days before each exam (midterm(s) and final) plus messages his/her class to notify them of the uploaded study guides.Prohibited Actions
Notetaker shall not upload a professor's PowerPoints, audio or video recordings of lectures, course assignments, or a verbatim transcript of what the professor says in class. Rather, Notetaker uploads his/her interpretation of course lectures or notes from his/her textbooks. If ridemyhw is notified or realizes that the Notetaker has uploaded any non-original material (anything not created by him/her based on his/her own learning), materials will be rejected by ridemyhw and will be removed from the site. Any materials rejected by ridemyhw will not qualify for any payment.Processing fees
Payment processing services for users on ridemyhw will be provided by PayPal. Additional processing fees may be charged by the payment processor. As a Notetaker, you agree to pay any applicable taxes on the amount you receive, including but not limited to any income tax. ridemyhw reserves the right to change its Service Fee at any time and without notice. Your continued use of the services indicates that you have consented to any such change to the Service Fee.Status of the Notetakers
The Notetaker’s relationship with the Company will be that of an independent contractor and not that of an employee. Independent Contractor shall be solely responsible for determining the method, details and means of performing the Services. Independent Contractor acknowledges and agrees that Independent Contractor has no authority to enter into contracts that bind the Company or create obligations on the part of the Company without the prior written authorization of the Company.Termination
ridemyhw reserves the right to terminate relationship with Notetaker at any time, with or without cause. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending us an email. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, irrevocable licenses, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. If you terminate your account, you may no longer be able to access, view, download or print any Content for Sale that you purchased prior to termination via the Services.Termination of Relationship with Notetakers
The Company reserves the right to terminate the relationship between itself and Notetaker for any reason at any time and withhold base pay, including but not limited to:
You are free to stop using the website any time you desire. You may delete your account anytime by following instructions on our website. ridemyhw is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USERS OF THE SITE OR ANY THIRD PARTY ON THE SITE; (v) ANY INFORMATION, PRODUCT, OR SERVICE YOU OBTAIN THROUGH THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO THE GREATER OF: (i) THE SUBSCRIPTION FEES YOU PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM; OR (ii) IF YOU DID NOT PAY ANY FEES TO US, FIVE DOLLARS ($5 USD). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.Assignment of Intellectual Property to ridemyhw
The Notetaker hereby agrees that all Intellectual Property, as defined in this Agreement, created in the furtherance, in relation, in association with their working relationship, with the Company’s resources, within the Notetaker’s scope of employment, or during Company hours, shall be the exclusive and sole property of the Company, its successors, and assigns. All claims, titles, interest, rights, and privileges of Intellectual Property shall be exclusively retained and enjoyed by the Company.
“INTELLECTUAL PROPERTY” INCLUDES, BUT IS NOT LIMITED TO, ALL CURRENT AND PENDING WORLD WIDE PATENTS, PATENT RIGHTS, TRADEMARKS, SERVICEMARKS, TRADE NAMES, COPYRIGHTS, MASK WORKS, TECHNOLOGY, KNOW HOW, TRADE SECRETS, INVENTIONS, IDEAS, ALGORITHMS, PROCESSES, SOFTWARE PROGRAMS, COMPUTER APPLICATIONS, SOURCE CODE, AND TANGIBLE/INTANGIBLE PROPRIETARY INFORMATION. NOTETAKER REPRESENTS AND WARRANTS THAT, WITHOUT ENCUMBRANCE, THEY ARE THE SOLE AND EXCLUSIVE OWNER OF ALL CONTRIBUTED INTELLECTUAL PROPERTY AND ITS RIGHTS AND HEREBY IRREVOCABLY RELINQUISHES AND WAIVES ALL RIGHTS AND PRIVILEGES TO THE EXTENT NON-TRANSFERABLE BY LAW.Consulting or Other Services for Competitors.
Notetaker represents and warrants that he/she does not presently perform or intend to perform, during the term of the Agreement, consulting or other services for, or engage in or intend to engage in an employment relationship with, companies whose businesses or proposed businesses in any way involve products or services which would be competitive with the Company’s products or services, or those products or services proposed or in development by the Company during the term of the Agreement.Confidentiality
Notetaker shall take reasonable steps to protect the confidential and proprietary information of the Company. Notetaker is restricted from disclosing, divulging, or communicating confidential and proprietary information unless required and understood as necessary in the ordinary course of the Company’s business. This covenant shall last for the entirety of the Notetaker’s tenure and ten years upon voluntary or involuntary withdrawal.Your Indemnification of Us
You will indemnify, defend, and hold ridemyhw harmless from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys’ fees, disbursements, and all settlement costs) arising out of or related to a third party claim regarding: (i) Your infringement or misappropriation of any Proprietary Rights; (ii) any of your acts or omissions, including, but not limited to, your misrepresentation of any information You provide to Us; (iii) any claims arising out of or related to Your Content; (iv) Your interaction with other Users (including Public Users and Registered Users); and (v) Your use of the Site in violation of this Agreement. We reserve the right, at your expense, to assume the defense (if applicable) and control of any matter relating to us, and You shall provide reasonable assistance with respect to such claims. You will not settle any matter relating to us or make any admission relating to us without our prior written consent.Your Representations and Warranties. You represent and warrant that:
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules.Venue
The venue for any litigation arising from Agreement shall be in a court of competent jurisdiction in the State of Delaware.Integration
This Agreement is the final Agreement and contains all terms with regards to the working relationship and the parties hereto. This Agreement may not contradicted, amended or supplemented without written consent of Company.Severability
If a provision in this Agreement becomes invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provision within this Agreement in this jurisdiction, or any other jurisdiction.Who is responsible for what I see and do on the Services?
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.
ridemyhw has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ridemyhw will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ridemyhw shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this site, or between Users and any third party, you agree that ridemyhw is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release ridemyhw, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.DMCA/Copyright Policy
ridemyhw respects copyright law and expects its users to do the same. It is ridemyhw's policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders’information.Contact Information
If you have any questions about these Terms or the Services please contact ridemyhw.