User Agreement

Contract

You agree that by clicking “Join Now”, “Join MeritHub”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a contract with MeritHub (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

This Acceptable Use Policy (the “Policy”) governs all uses of MeritHub Services and supplements any Master Service Agreement, Terms of Service, End User License Agreement or other contracting document for the provision and use of MeritHub Services (the “Services Agreement”). Capitalized terms not defined herein have the meaning set forth in the Services Agreement. This Policy defines the standards MeritHub expects its Customers and End Users to adhere to while using the Services.

Service Eligibility

MeritHub Services are designed to connect users and promote collaboration for teaching, learning and professional development. You will only have one MeritHub account, which must be in your real name; and you are not already restricted by MeritHub from using the Services.

Customers and End Users may not use the Services to:

  • Post, stream or transmit any content, including live video, that violates this Policy
  • Do anything that threatens, exploits or otherwise harms children.
  • Engage in any activity that is harmful, obscene, or indecent (particularly as such would be understood in the context of business usage). This includes, for example, displays of nudity, violence, pornography, sexually explicit material, or criminal activity.
  • Facilitate or support human trafficking.
  • Engage in any activity that is defamatory, harassing, threatening or abusive, which includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin, gender, or sexual orientation.
  • Do anything illegal, facilitate any illegal activity, or promote violence.
  • Engage in any activity that supports or facilitates terrorism or terrorist organizations
  • Engage in any activity that is fraudulent, false, or misleading.
  • Store or transmit any data or material that is fraudulent, unlawful, harassing, libelous, threatening, obscene, indecent or otherwise inappropriate.
  • Send unauthorized messages, advertising or spam, including unsolicited promotional or commercial content or other mass solicitation material.
  • Misrepresent the User’s identity or affiliation with any entity or organization, or impersonate any other person.
  • Harvest, collect, or gather user data without consent.
  • Violate the privacy of others or distribute confidential or personal information of others.
  • Violate or infringe any intellectual property or proprietary rights of others, including copyrights.
  • Engage in any activity that is harmful or disruptive to the Services or attempts to circumvent restrictions on access, usage or security of the Services. This includes transmitting viruses, malware or other malicious or destructive code or using tools that mask IP address location or to otherwise circumvent restrictions on use due to regulations or account closures.

If you become aware of any violation of this Policy, please contact us at [email protected]. We will investigate all reports and take immediate, appropriate action where warranted (in MeritHub’s sole discretion). If a Customer or End User violates any of the terms of this Acceptable Use Policy, MeritHub may immediately terminate the Customer’s account, suspend or terminate access or take any other appropriate action, including legal action if warranted.

Service Availability

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

Fees & Payment

You agree that MeritHub may charge to Your credit card or other payment mechanism selected by You and approved by MeritHub for all amounts dues and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. MeritHub may change prices, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that MeritHub will provide you with prior notice and an opportunity to terminate Your Account. if MeritHub changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event MeritHub is unable to collect the fees owed to MeritHub for the Services through Your Account, MeritHub may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by MeritHub in connection with such collection activity, including collection fees, court costs, and attorneys’ fees. You further agree that MeritHub may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel your subscription within 7 days of purchase, you are eligible for a refund but if you cancel after that, you will not receive a refund for any service already paid for.

Reasonable Use

MeritHub provides tools for collaboration for educational and professional purposes. MeritHub anticipates that customers will use the services in a reasonable manner given the business purpose. As such, MeritHub may limit, suspend or terminate access if an End User’s use exceeds reasonable standards, and may monitor usage based on

  • Excessive usage beyond normal pattern
  • Excessive usage that interrupt service of other users
  • Excessive recorded classes length
  • Usage of one account my multiple hosts/instructors
  • Other patterns indicative of an attempt to evade enforcement of Reasonable Use

MeritHub may determine that abnormal, unreasonable or impermissible usage is occurring based on industry standards and patterns of usage of the Services, and may take appropriate steps, including suspension or termination of service. MeritHub may first contact the Customer and discuss appropriate usage and suitable plans to support valid use of the Services.

Content Rights

While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

MeritHub Communication

You agree to receive communications from MeritHub in connection with your use of MeritHub Services in the form of email, sales/support call or SMS messages, including without limitation account activity notification, service updates, and reminders.

Member Disputes

You are solely responsible for your interactions with other Members. MeritHub reserves the right, but has no obligation to monitor disputes between you and other Members.

Termination

Rights of Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, you agree that all terminations shall be made in MeritHub’s sole discretion and that MeritHub shall not be liable to you nor any third-party for any termination of your account or access to the MeritHub Service.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, Members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer and Limit of Liability

No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

MeritHub AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MeritHub AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS MeritHub HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MeritHub WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

MeritHub MAKES NO WARRANTY THAT (i) THE MeritHub SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MeritHub SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MeritHub SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MeritHub SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

MeritHub AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS PENDING AMOUNT PAID BY YOU AFTER DEDUCTING THE USAGE DURING THE TERM OF THIS CONTRACT