Terms of
Service

Welcome to 4wardED!

 

4wardED, Inc. (“4wardED,” “we,” “us,” “our”) provides its services (described below) through its website located at 4wardED.com (the “Site”) and through its mobile applications and related services (collectively referred to as the “Service(s)”), including any new features and applications. These Services are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to update or modify these Terms at any time. Any changes will be posted on this page, with the revision date indicated at the top. Notifications will also be provided through the Service interface, email, or other reasonable means. Changes will take effect no sooner than fourteen (14) days after being posted, except for updates related to legal requirements or new features, which will be effective immediately. Continued use of the Service after changes become effective constitutes your acceptance of the updated Terms of Service.

 

Important Notice: These Terms of Service include provisions regarding how claims between you and 4wardED will be resolved (SEE THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW). These provisions may require you to: (1) waive your right to a jury trial, (2) resolve disputes with 4wardED through binding arbitration on an individual basis, not as part of a class or representative action, and (3) seek relief (including monetary, injunctive, or declaratory relief) on an individual basis only. Please review the Dispute Resolution by Binding Arbitration section below for more details and your options.

 

When using specific aspects of the Service, you may also be subject to additional terms related to those features. These additional terms, including our Privacy Policy, Community Standards, Class Content Policy, and Help Center guidelines, are incorporated into these Terms of Service by reference.

 

Overview of Services

 

The Service serves as an online marketplace and platform where Teachers offer Classes for sale to Parents, and Parents purchase Classes for their children. While 4wardED maintains high service standards, you acknowledge and agree to the following:

 

1. 4wardED is not a party to agreements made between Teachers and Parents.

2. 4wardED provides tools to facilitate the listing, sale, and delivery of Classes but does not own, create, sell, resell, manage, or control the Classes.

3. Parents contract directly with Teachers for Classes.

4. 4wardED is not a broker, agent (except as specifically stated below), or insurer.

5. 4wardED disclaims all liability for the actions of Teachers, Parents, or other Users of the Site or Classes.

 

Different sections of these Terms of Service may apply to Teachers and Parents, so please review them carefully.

 

Key Terms

 

• “User,” “you,” or “your”: Any person, organization, or entity using the Service, including Parents and Teachers.

• “Parent(s)”: Legal guardians who register on 4wardED to purchase Classes for their children.

• “Teacher(s)”: Individuals or organizations that register to sell Classes on the Site.

• “Class(es)”: Any online educational offering submitted by a Teacher for sale on the Site.

 

Access and Use of the Service

 

Service Description:

 

4wardED’s platform connects K–12 Parents and Teachers, enabling Parents to find and book Classes for their children, while Teachers market, sell, and deliver their Classes. 4wardED does not own, create, manage, or control Classes but facilitates the marketplace and acts as a limited agent to process payments between Parents and Teachers. By using the Service, you acknowledge and assume any risks associated with interacting with other Users, including potential misrepresentation. While 4wardED aims to provide a safe and welcoming environment, all risks remain your responsibility, and 4wardED cannot guarantee the quality, authenticity, safety, legality, or appropriateness of any Class or User behavior.

 

Your Registration Obligations:

 

To access certain features of the Service, you must register and provide true, accurate, and up-to-date information. Your information will be managed according to our Privacy Policy. To register, you must meet the legal age requirement to form a binding contract, typically 18 years old. If underage, you must have a Parent review and agree to these Terms on your behalf. Parents providing consent for their children’s use of the Service agree to be bound by these Terms as they apply to their children’s activities.

 

Account Security:

 

You are responsible for safeguarding your account credentials and for all activity under your account. Notify 4wardED immediately of any unauthorized access or security breaches. Ensure you log out after each session. 4wardED is not liable for any loss or damage resulting from your failure to comply with these security measures.

 

Modifications to the Service:

 

4wardED reserves the right to change, suspend, or discontinue any part of the Service without notice. 4wardED is not liable to you or any third party for these changes.

 

Data and Storage Practices:

 

4wardED may establish limits on storage and data retention, including deleting inactive accounts or content after a specified period. These limits are subject to change at 4wardED’s sole discretion.

 

Class Recordings:

 

4wardED automatically records Classes conducted through its video platform (“Class Recordings”) to ensure service quality and compliance. Class Recordings are primarily made available to Teachers to provide students with missed sessions or to review for teaching improvement. In cases where Teachers are organizations, recordings may be accessible to multiple instructors within the organization. Recordings may also be used by 4wardED for feedback, customer support, and compliance purposes. Recordings are retained for 90 days unless removed earlier due to privacy requests or policy violations. Recordings will not be used for promotional purposes without explicit consent. By using the Service, you consent to you or your child being recorded for these limited purposes.

 

Teacher Obligations

 

Marketplace Requirements:

 

As a Teacher, you must provide 4wardED with any necessary information to list your Classes, including but not limited to Class descriptions and pricing. 4wardED retains sole discretion over which Classes are accepted and listed on the marketplace and reserves the right to remove or reject Classes for any reason. Additionally, 4wardED may edit Class descriptions to align with marketplace standards. Acceptance into the marketplace is also at 4wardED’s sole discretion, and we reserve the right to deny or remove Teachers from the platform at any time. 4wardED may conduct background checks or interviews of Teachers, at its discretion, for its own benefit. By using the platform, you agree to provide written or electronic consent to such checks and to participate honestly in interviews.

 

Community Standards:

 

By joining the 4wardED community, you agree to adhere to its policies and community standards. These include maintaining professional and respectful communication with colleagues, parents, and students, demonstrating appropriate behavior for learners, and conducting yourself professionally. Appropriate use of social media, blogs, and other online forums is also required. Inappropriate behavior includes but is not limited to: harassment, bullying, or creating conflict; unauthorized public statements on behalf of 4wardED; offensive or discriminatory remarks based on race, gender, sexual orientation, or other protected characteristics; sharing private or confidential information about students or parents; promoting hate speech or endangering children; and engaging in behavior detrimental to 4wardED’s business operations. Violations may result in removal from the platform.

 

Learner Safety:

 

Teachers are required to report suspected child abuse or neglect encountered while working with 4wardED students. In accordance with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), abuse or neglect includes any act or failure to act resulting in harm, exploitation, or imminent risk of harm. Teachers may also have a legal obligation to report such cases to local authorities. 4wardED itself may report suspected abuse or neglect as deemed appropriate.

 

Teaching School Learners:

 

4wardED occasionally collaborates with schools to provide educational experiences for students (“School Learners”). Teachers participating in these programs must complete 4wardED’s Teacher Safety and Privacy training to ensure compliance with privacy laws and related safeguards. Once certified, Teachers can offer Classes to both School Learners and non-School Learners.

 

Teacher Responsibilities:

 

Teachers are solely responsible for obtaining the necessary licenses or permissions to offer their Classes and ensuring compliance with all applicable laws and regulations. 4wardED assumes no responsibility for any failure on the Teacher’s part to meet these requirements.

 

4wardED is not an insurer, agent, or employer for Teachers. Any agreement between a Parent and Teacher is directly between those parties, and 4wardED is not a party to such agreements. However, 4wardED acts as a limited agent to process payments from Parents and transfer them to Teachers (minus service fees). Teachers are solely responsible for their actions while using the Services. Class Recordings provided by 4wardED may not be shared with third parties outside the organization, except with enrolled students or their Parents. Sharing within your organization is permitted.

 

By using the Services, you agree to follow the terms outlined in the Help Center.

 

Payment Terms

 

Parent Payments:

 

Parents agree to pay the applicable fees (“Enrollment Fees”) for Classes as displayed on the Site. All fees are payable in the specified currency at the time of purchase, and Parents authorize 4wardED to charge their payment method upon purchase confirmation. Parents must notify 4wardED within sixty (60) days of any disputed charges.

 

Teacher Payments:

 

4wardED transfers Enrollment Fees to the Teacher’s PayPal account within a reasonable time, minus the service fee (“4wardED Fee”). Teachers must have a PayPal account to receive payments. If a Parent reports that a Class was not adequately delivered (e.g., the Teacher was absent or the Class quality was insufficient), 4wardED may withhold payment and independently investigate the issue. Based on its findings, 4wardED may issue refunds, and its decisions will be final.

 

Limited Payment Collection Agent:

 

Teachers appoint 4wardED as their limited payment collection agent to accept Enrollment Fees on their behalf. Payments made to 4wardED by Parents are considered equivalent to direct payments to the Teacher. 4wardED facilitates payments to Teachers, deducting applicable fees, unless otherwise agreed. If 4wardED fails to remit payments, the Teacher’s recourse is solely against 4wardED.

 

Conditions of Use

 

User Conduct:

 

You are solely responsible for any content you upload, post, publish, email, or otherwise use through the Service, including but not limited to code, images, videos, text, software, music, and other materials (“content”). The following activities are strictly prohibited, and 4wardED reserves the right to investigate and take appropriate action, including removing content, suspending or terminating accounts, or reporting violations to law enforcement. You agree not to use the Service to:

 

• Upload content that:

• Infringes on any intellectual property or proprietary rights.

• You are not authorized to share under laws or contractual obligations.

• Contains harmful software like viruses or any code that disrupts systems.

• Creates privacy or security risks.

• Constitutes spam, unsolicited advertising, or unauthorized promotions.

• Is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.

• Interfere with the Service, servers, or connected networks.

• Violate any local, state, national, or international laws.

• Impersonate any individual or misrepresent affiliations.

• Collect personal data in violation of our Privacy Policy.

• Harvest user contact information for unauthorized communications.

• Promote or facilitate criminal activity or distribute instructional materials for illegal acts.

• Access materials or information not intentionally provided through the Service.

 

Special Notice for International Use; Export Controls:

 

Software and data transmitted through the Service are subject to U.S. export laws. The Service cannot be used to download or transmit content in violation of these laws. You are responsible for complying with local regulations when accessing the Service.

 

Commercial Use:

 

Unless explicitly authorized, you agree not to reproduce, distribute, sell, modify, or exploit any part of the Service or its content for commercial purposes.

 

Intellectual Property Rights

 

Service Content, Software, and Trademarks:

 

The Service includes proprietary content and features (“Service Content”) protected by intellectual property laws. You agree not to modify, copy, sell, or create derivative works from Service Content, except for your legally uploaded User Content. Class Recordings are considered Service Content and not User Content. Activities like data mining, scraping, or bypassing access restrictions are prohibited.

 

The software supporting the Service (“Software”) is owned by 4wardED or its partners. You may not reverse-engineer, sublicense, or otherwise attempt to extract the source code.

 

“4wardED” and its logos are trademarks of 4wardED, Inc. Unauthorized use of these trademarks is prohibited. All goodwill generated by their use benefits 4wardED exclusively.

 

Third-Party Material:

 

4wardED is not responsible for third-party content or materials accessed through the Service. While 4wardED may pre-screen content, it reserves the right to remove content violating these Terms. You assume all risks associated with the use of third-party content.

 

User Content:

 

You retain ownership of content you upload or share through the Service (“User Content”). By using the Service, you grant 4wardED a global, non-exclusive, royalty-free license to use, distribute, and adapt your content to provide and improve the Service.

 

For publicly shared content, you also grant 4wardED the right to use, distribute, and modify it for business purposes.

 

By submitting feedback or suggestions, you agree that 4wardED may use them without obligation or compensation.

 

4wardED may preserve or disclose User Content as required by law or to protect the Service, its users, or the public. Content transmission may involve adapting to network requirements.

 

Copyright Complaints:

 

4wardED respects intellectual property rights. If you believe your copyrighted work has been infringed, notify 4wardED by email at support@4wardED.com or by mail at:

 

4wardED, Inc.

108 Drexel Street

Palestine, TX, 75803

 

Your notification must include:

 

1. Proof of copyright ownership.

2. An electronic or physical signature of the authorized party.

3. A description of the copyrighted work and link to the infringing content.

4. Your contact details (address, phone, email).

5. A good-faith statement that the disputed use is unauthorized.

6. A declaration under penalty of perjury that the provided information is accurate and that you are the copyright owner or authorized representative.

 

Each notice is limited to ten individual claims. Additional claims beyond the limit will not be addressed.

 

Third-Party Websites

 

The Service may include links or provide access to third-party websites and resources. 4wardED has no control over these external sites and resources and does not endorse or take responsibility for their content. You acknowledge and agree that 4wardED is not liable for any damage or loss arising from your use of or reliance on any content, products, or services provided through third-party sites. Any interactions or transactions you engage in with third parties while using the Service are solely between you and the third party. 4wardED is not responsible for any disputes or claims arising from such dealings.

 

Social Networking Services

 

You may connect to the Service through third-party social networking platforms like Facebook or Twitter (“Social Networking Services”). By integrating these services, we aim to enhance your experience. To use these features, you may need to authenticate, register, or log in on the third-party service’s platform. As part of this integration, these services may share certain information with us, which we will handle in accordance with our Privacy Policy. For details on how your data is collected and used, refer to our Privacy Policy.

 

Keep in mind that third-party services operate under their own policies, and 4wardED is not responsible for their privacy practices or actions. Additionally, 4wardED does not guarantee the accuracy, availability, or reliability of any content, data, or services provided through Social Networking Services. These features are offered for your convenience and do not imply endorsement.

 

Indemnity and Release

 

You agree to indemnify, defend, and hold harmless 4wardED, its affiliates, officers, employees, directors, and agents (“Indemnitees”) from any claims, losses, damages, liabilities, or expenses, including reasonable attorneys’ fees, arising out of:

 

1. Your use of the Service.

2. Any User Content you submit or actions you take on the platform.

3. Violations of these Terms of Service.

4. Infringements on the rights of others.

 

If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release.” Residents of other jurisdictions agree to waive similar laws where applicable.

 

Disclaimer of Warranties

 

Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

4wardED does not guarantee that:

 

1. The Service will meet your requirements.

2. The Service will operate uninterrupted, secure, or error-free.

3. The results obtained through the Service will be accurate or reliable.

4. Products, services, or content accessed through the Service will meet your expectations.

 

4wardED performs background checks on Teachers solely for its own purposes and makes no guarantees regarding the conduct of any user.

 

Limitation of Liability

 

4wardED will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses. This includes damages arising from:

 

1. Your inability to use the Service.

2. The cost of substitute goods or services.

3. Unauthorized access to your data.

4. Actions or content of third parties.

5. Any other issues related to the Service.

 

In no event will 4wardED’s total liability exceed the amount you paid to 4wardED in the last six (6) months or $100, whichever is greater.

 

Certain jurisdictions may not allow exclusions or limitations of liability, so some provisions may not apply to you. If you are dissatisfied with the Service, your sole remedy is to discontinue its use.

 

Dispute Resolution by Binding Arbitration

 

Agreement to Arbitrate:

 

You agree that any disputes or claims arising out of or related to these Terms or the Service will be resolved exclusively through binding arbitration, not in court. Exceptions include individual claims in small claims court or claims brought to government agencies. By agreeing to arbitration, you waive the right to a trial by jury or to participate in class actions.

 

Prohibition of Class Actions:

 

You and 4wardED agree to resolve disputes on an individual basis. Class actions or representative claims are not permitted. Relief will be limited to your individual claim and will not extend to others.

 

Arbitration Procedures:

 

Arbitration will be conducted under the American Arbitration Association (“AAA”) rules. Hearings will be held in a mutually convenient location or conducted virtually for claims under $10,000. Arbitration fees and costs will follow AAA guidelines. All arbitration proceedings and outcomes will remain confidential.

 

Opt-Out Option:

 

New users may opt out of arbitration by sending a written request within 30 days of accepting these Terms to arbitration@4wardED.com. After opting out, disputes will not be subject to arbitration.

 

Future Changes:

 

If 4wardED updates the arbitration terms, you may reject the changes by notifying 4wardED within 30 days. Arbitration terms in effect at the time of acceptance will apply.

 

Termination

 

You agree that 4wardED may, at its sole discretion, suspend or terminate your account (or any part of it) or your access to the Service at any time and for any reason, including but not limited to inactivity or violations of these Terms of Service. 4wardED may also remove or discard any content associated with your account. Any suspected fraudulent, abusive, or illegal activity may be reported to the appropriate law enforcement authorities. 4wardED reserves the right to discontinue the Service, or any portion of it, at any time, with or without notice.

 

You acknowledge that termination of your access to the Service may occur without prior notice, and 4wardED may immediately deactivate or delete your account and any related data. 4wardED will not be liable to you or any third party for the termination of your access to the Service.

 

User Disputes

 

You are solely responsible for your interactions with other users of the Service. 4wardED has no liability for any disputes between you and other users but reserves the right to intervene in such disputes at its discretion.

 

General Terms

 

These Terms of Service represent the entire agreement between you and 4wardED and govern your use of the Service, superseding any prior agreements. Additional terms may apply when you access affiliate or third-party services, content, or software through the Service.

 

These Terms will be governed by the laws of the State of California, excluding its conflict of law provisions. Any disputes not subject to arbitration must be resolved in the state or federal courts of San Francisco County, California.

 

Failure by 4wardED to enforce any provision of these Terms does not constitute a waiver of that provision. If any part of these Terms is deemed invalid by a court, the remaining provisions will remain in full force.

 

You agree that any claims related to these Terms or the Service must be filed within one (1) year after they arise, or they will be permanently barred.

 

These Terms may not be assigned by you without 4wardED’s prior written consent. 4wardED may assign or transfer these Terms, in whole or in part, without restriction. Notices to you may be sent via email, postal mail, or by displaying updates on the Service.

 

Your Privacy

 

4wardED values your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

 

Notice for California Users

 

California residents are entitled to the following rights under California Civil Code Section 1789.3: For complaints, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by phone at (916) 445-1254 or (800) 952-5210.

 

You may also contact 4wardED at:

 

4wardED, Inc.

108 Drexel Street

Palestine, TX, 75803

 

Questions, Concerns, or Suggestions?

 

Please reach out to us at admin@4wardlearning.com to report any violations of these Terms of Service or to ask questions about these Terms or the Service.