Welcome to MyGlobalPal (MGP).  MGP is a social enterprise committed to promoting a global society, and to making language learning available to everyone by connecting you with a network of independent contractors (Language Coaches referred to a “MGP Coaches”) who have been highly vetted and will coach you in the language of your choice using conversational language techniques.  This Terms of Use (the “Agreement”) binds you or the entity you represent (“you” or “your”) to the terms and conditions set forth herein when you use or access the MyGlobalPal.com or  materials, products, tools and other offerings (collectively, the “Services”) of the website. If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, please do not use our Services.

Acceptance of Terms of Use Agreement

 

This Agreement is an electronic contract that sets out the legally binding terms of your use of our Services, whether or not you register as the “Coachee/Student” or “MGP Coach” (each may be referred to as a “Member”). This Agreement includes our Privacy Policy, Student (Coachee) and Provider (MGP Coach) Policies, our billing policies and any further terms of use for our Services, which are all incorporated herein by reference. This Agreement may be modified by us from time to time, such modifications to be effective when provided in writing or upon posting within our Services.

 

Eligibility

 

Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

 

How MyGlobalPal Works

 

We provide contracted Language Coaches (referred to as “MGP Coaches”) that are independent contractor providers. The MGP Coaches are highly vetted, which is why we are different than most others agencies/organizations that offer online language learning.  However, we do not hire or employ the MGP Coaches, nor are we responsible or liable for any interactions involved between MGP Coaches and their respective “Coachees” (Students). Our Services are separate and distinct from the services of the MGP Coaches.  For MGP Coaches, we offer various hosted products to support instruction including marketing, scheduling, billing and communication tools. In order to contract with us, potential MGP Coaches must be willing to conduct conversational language techniques.

For potential Coachees/Students, we assist in matching them with a (MGP Coach) that has been highly vetted. From time to time, we may provide new or temporary Services, such as on demand coaching, group lesson or classes and other products, materials and services that may or may not be limited to Members. We reserve the right to restrict any Services only to Members and discontinue any product or Services at will. If a particular Provider, product or Service is discontinued or unavailable, we reserve the right to provide substitute Provider (MGP Coach), product or Service.

 

Membership

 

To become a Member (Language Coach/Coachee/Student), you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A Member may not have more than one active MyGlobalPal Account. We reserve the right to suspend or terminate your MyGlobalPal Account and your access to our Services for any reason.

  • Membership (Coachee/Student)

As a Student Member (Coachee), you will have the ability to book and pay for sessions, manage your lesson schedule, communicate with Providers (MGP Coaches), access help documents and use any other Services provided to Student Members. As a Student Member you must continually comply with this Agreement and the Student Policies. Additional terms and conditions of service may be contained within your Student Member account.

 

  • Membership (Language Coach)

You must be at least eighteen (21) years old to serve as a Language Coach, and must have at least 2 years of college experience and/or be a native speaker of the targeted language. Please contact us via email or the website (“Become a Language Coach”) to inquire about qualifications and request a job description.  As a Language Coach, you will have access to tools that enable you to manage scheduling, billing and communication and other tools provided by us. You must apply to be on the list and screened to be considered for a contracted Language Coach. Acceptance for Listing is at our sole discretion and we may remove Listings from our List at any time for any reason. The information you provide to MyGlobalPal must not breach any agreements you have entered into with anyone, including this Agreement; and must contain accurate, current and complete information. If you are accepted as a MGP Language Coach, you must continually comply with this Agreement and the MGP Language Coach Policies.  Language Coaches who accepts assignments through our Services must honor all terms and conditions of the MGP Language Coach Polices. As part of your MGP Coach Membership, you will be required to receive messages via text / SMS and may incur costs from your carrier or mobile service provider as a result of these messages.

 

  • Independent Contractor Status.

Our Services are separate and distinct from the services of the Language Coaches. You acknowledge that Provider Members (MGP Coaches) are not employees or agents of MyGlobalPal but are independent contractors who operate a separate and distinct business from MyGlobalPal. As such, we do not control the MGP Coaches, the manner or method of service to you, exercise no control over your working relationship with the Provider Member (MGP Coach) and do not warrant your safety or the service of any Provider Member (MGP Coach). We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.  It is our policy that all interactions remain online.  MGP is an online ONLY platform.  Members and Students should not give out specific information regarding their location or personal information.  The relationship between the MGP Coach and the student (Coachee) should remain professional at all times.  There must be a parent, guardian, or designated adult in/at the location whenever Services by anyone under the age of majority are being conducted.

  • General Disclaimer.

We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or our Services. We cannot guarantee and do not promise any specific results from use of our Services.

Our Services will require Students/Coachees to have a computer, smart phone or tablet, and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.

Our Services may give you access to links to third-party websites (“Third Party Sites”), either directly or through Providers (MGP Coaches). We do not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

It is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE.

  • Warranty Disclaimer.

OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

  • Code of Conduct.

While using our Services you agree not to:

  • Restrict or inhibit any other visitor or Member from using our Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of our Services;
  • Use our Services for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • Be disruptive in any lesson or group instruction;
  • Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or
  • Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

 

Pricing

 

Lesson prices are agreed to at the time of payment for the number of sessions purchased. Student/Coachee Members and Provider Members (MGP Coaches) are obligated to honor the prices established at the time of payment. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control.

 

Term

 

This Agreement will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason, by calling us at 402-401-0699.  To help us analyze and improve our Services, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Non-Circumvention

 

During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.

No Non-Permitted Use by Members

 

Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.

Account Security

 

You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your MyGlobalPal Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your MyGlobalPal account.

Your Interactions with Other Members and Our Limitation of Liability

 

  • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NOT ALL PROVIDERS ON THE WEBSITE HAVE BACKGROUND CHECKS AND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON STUDENT MEMBERS. THE EXTENT OF OUR BACKGROUND CHECK IS LIMITED BY THE QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY INVESTIGATIVE SERVICE AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK.
  • NO MEMBER SHOULD MEET OFFLINE WITH ANY OTHER MEMBER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH MEMBERS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
  • IN NO EVENT SHALL MYGLOBALPAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, MYGLOBALPAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
  • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF MYGLOBALPAL AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDNG TWELVE MONTHS, UP TO A MAXIMUM OF FIVE THOUSAND DOLLARS.

Customer Service

 

We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

Modification to Services

 

We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.

 

Member Disputes (MGP Coach and Coachee/Student)

 

You are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.

Privacy and Communications

 

Use of our Services is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications.

 

 

Links

 

Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Arbitration and Governing Law

 

You and MyGlobalPal agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to our Services, or any products or services sold or purchased through our Services, will be resolved in accordance with the provisions set forth in this Section (“Agreement to Arbitrate”).

 

  • Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Nebraska, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and MyGlobalPal, except as otherwise stated in this Agreement.

Commercial Release

 

By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or your voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Services, without further compensation whatsoever of any kind as a result of such use.

Taxes

 

You are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor.

Miscellaneous

 

If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns.

Please contact us at 402-401-0699 with any questions regarding this Agreement.

I HAVE READ THIS TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED WITHIN THE AGREEMENT.