Terms of Service
These Terms of Service govern your use of Rate My Instructor and constitute a legally binding agreement between you and Rate My Instructor, Inc.
IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THIS SITE, YOU ARE ACCEPTING THE TERMS OF SERVICE AND, WITH A FEW EXCEPTIONS (FOR EXAMPLE, IF YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE AS DESCRIBED IN SECTION 19.5 BELOW), YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.
Terms of Service Agreement Highlights
For your convenience, the following highlights provide a quick summary of our Terms of Service Agreement. Please read the entire Terms of Service Agreement for more detailed information, as the highlights are only intended as a quick summary.
Scope & Eligibility: This Agreement governs your use of Rate My Instructor. You must be at least 17 years of age and meet certain eligibility requirements.
Modifications: We may modify these Terms from time to time with notice posted on the Site.
Rules of Conduct: You agree not to use the Site in prohibited ways, including posting prohibited content.
Your Content: You are responsible for content you post and grant us certain rights to use it.
Termination: We may terminate your access at any time. You may deactivate your account at any time.
Disclaimer: The Site is provided "as is" without warranties. We limit our liability as described herein.
Governing Law: New York law applies. Disputes are subject to arbitration unless you opt out.
1Eligibility; Additional Terms; Binding Agreement
This Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions. You must be at least 17 years of age or older to use this Site, but certain features may be subject to heightened age and/or other eligibility requirements.
School Verification Requirement: To write reviews and access certain features, you must verify your enrollment or attendance at an accredited nursing school in the United States or Canada using a valid school email address (.edu for U.S. schools, or school-specific domains for Canadian institutions).
If you do not meet the age requirements, school verification requirements, or any other eligibility requirements, or if you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately. By using the Site, you certify that you meet all eligibility requirements and agree to all terms and conditions.
This Agreement includes all terms presented on the Site, including our Privacy Policy, Copyright Policy, Community Guidelines, and any Additional Terms governing specific features or services. If there is a conflict between this Agreement and Additional Terms, the Additional Terms shall govern for that specific feature or service.
2Registration and Account Security
To register as a member and access certain features, you must provide a valid school email address and create a password. You are required to verify your email address before you can write reviews or access other member-only features.
Your username and password are personal to you. You may not allow others to use your account under any circumstances. You are responsible for maintaining the confidentiality of your login credentials.
To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft, misappropriation, or unauthorized use of your username or password. You agree to immediately notify us if you become aware of any unauthorized use of your account.
3Modifications to This Agreement
We reserve the right to revise the terms of this Agreement at any time and from time to time for any reason in our sole discretion by posting an updated Terms of Service without advance notice to you.
We shall post or display notices of material changes on the Site and/or email you or notify you upon login about these changes. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes.
You should check back frequently and regularly review these Terms of Service so you are aware of the most current rights and obligations that apply to you.
4Ownership of Intellectual Property
The contents of this Site, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectible elements of the Site, including the selection, sequence, "look and feel" and arrangement of items, and all trademarks, service marks and trade names (collectively, "Material"), are the property of Rate My Instructor, Inc., its successors and assigns, and/or its respective licensors.
The Material is legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
You must not:
- Alter, delete or conceal any copyright or other notices contained on the Site
- Reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material without our express prior written consent
- Use any Material for commercial purposes
- Remove or modify any copyright, trademark or other proprietary notices
Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws.
5Third Party Services and Advertising
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from third parties, such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site.
All such communication, interaction and participation is strictly and solely between you and such third parties. To the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions.
6Rules of Conduct
Your use of the Site is subject to all applicable laws, rules and regulations. You are solely responsible for all activities that occur under your account. You are prohibited from using the Site in a manner that:
- Is libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, racially or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive
- Includes personal identifiers (names, patient information, PHI/HIPAA protected information) of instructors, students, or patients
- Discusses us or our services in a clearly false or misleading manner, or includes trade secrets or confidential information
- Sends or results in junk email, chain letters, spam, or phishing attempts
- Uses the Site for commercial or business purposes, including advertising or marketing
- Transmits, distributes or uploads malicious code, viruses, worms, trojan horses, spyware, or other harmful programs
- Violates any laws, regulations, court orders, or treaties, or infringes upon intellectual property rights, privacy rights, or publicity rights
- Gains or enables unauthorized access to the Site or other users' accounts or information
- Uses automated software, bots, scripts, or other means to "scrape," "crawl," or "spider" the Site without our prior permission
- Otherwise violates this Agreement, our Privacy Policy, Community Guidelines, or any Additional Terms
7User Content and Reviews (Postings)
Portions of this Site provide you with the opportunity to submit, post, display, and exchange reviews, comments, and other content ("Postings" or "User Content").
7.1 Responsibility for Postings
You are solely and entirely responsible for all Postings that you submit. You understand and agree that:
- Postings are your sole responsibility
- Rate My Instructor does not endorse or guarantee the accuracy of any Postings
- We reserve the right to review, monitor, edit, and/or remove any Postings at our sole discretion
- We may use automated and/or manual means to review Postings before they appear on the Site
7.2 Grant of Rights; Representations and Warranties
By submitting a Posting, you represent, warrant, and agree that:
- You specifically authorize Rate My Instructor to use such Posting throughout the universe, in perpetuity, in any media now known or hereafter devised
- The Posting is original to you and/or fully cleared for use as contemplated herein
- The Posting does not violate any terms of this Agreement
- The Posting does not contain libelous, defamatory, obscene, or otherwise unlawful material
- The Posting does not infringe upon any copyright, intellectual property, privacy, publicity, or other rights
- The Posting shall not be injurious to the health of any user
- All information provided with your Posting is complete and accurate
- If your Posting includes any person's name, likeness, or voice, you have the right to grant us the rights described herein
7.3 Our Rights to Review and Remove Content
If we determine that any Posting violates this Agreement, we reserve the right to: (i) refuse to allow you to post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, or other means available to enforce these Terms.
7.4 Content Removal Requests (California Users Under 18)
Registered users who are California residents and under 18 years of age may request removal of Postings they have made by contacting us at support@ratemyinstructor.io with "California Removal Request" in the subject line. Please note that removal does not ensure complete deletion, as content may be republished by others.
8Contests, Sweepstakes, and Promotions
From time to time, we may conduct promotions on or through the Site, including contests and sweepstakes. Each promotion may have Additional Terms and official rules which will be posted or made available to you and will be deemed incorporated into this Agreement.
9Hyperlinks to Third Party Sites
The appearance, availability, or your use of hyperlinks on the Site does not constitute an endorsement by us, nor does it incur any obligation, responsibility, or liability on our part.
We do not verify, endorse, or have any responsibility for any third party sites, their business practices (including their privacy policies), or any goods or services associated with such sites. If any third party site obtains or collects information from you, we assume no responsibility or liability.
10Deactivation/Termination of Your Account
If you are a registered user, you may deactivate your account at any time and for any reason by logging into the Site and selecting the account deletion option, or by contacting us at support@ratemyinstructor.io.
We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation to you or any other party.
11Disclaimer and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY
THIS SITE AND ALL MATERIALS, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU ARE ASSUMING THE ENTIRE RISK REGARDING THE QUALITY, ACCURACY, PERFORMANCE, AND VALIDITY OF THE SITE AND ANY CONTENT.
RATE MY PRECEPTOR, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING RATE MY PRECEPTOR ATTEMPT TO REPAIR OR CORRECT ANY DEFICIENT SERVICES, OR TO REFUND ANY FEES YOU ACTUALLY PAID TO US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12Indemnification
You agree to indemnify, defend, and hold Rate My Instructor, Inc., and its successors, assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any breach or violation of this Agreement by you.
Rate My Instructor reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action, and you agree to fully cooperate with us in the defense of any such claim as requested.
13Privacy
We respect your privacy and the use and protection of your information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your information in connection with your use of the Site.
14Resolution of Disputes; Binding Arbitration; No Class Actions
IMPORTANT ARBITRATION NOTICE
EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE, ANY AND ALL CLAIMS BETWEEN YOU AND RATE MY PRECEPTOR WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT.
14.1 Binding Arbitration and Exclusions
You and Rate My Instructor agree to submit to individual arbitration the resolution of any and all claims, except for:
- Claims related to intellectual property rights (patents, trademarks, copyrights, trade secrets)
- Claims where preliminary injunctive relief may be necessary to prevent immediate and irreparable harm
This Agreement affects interstate commerce, and the enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-9.
14.2 Informal Dispute Resolution
Before pursuing any claim in arbitration or court, you or Rate My Instructor must notify the other party in writing at least 60 days in advance to provide a reasonable opportunity to resolve the claim. Notice to Rate My Instructor should be sent to: Rate My Instructor, Inc., Legal Department, [Address], [City, State ZIP].
14.3 Arbitration Proceedings
If informal resolution fails, the claim shall be submitted to final and binding arbitration according to JAMS Arbitration Rules. The arbitration shall be conducted before a single neutral arbitrator. The arbitrator shall follow New York substantive law. You and Rate My Instructor shall share the costs of arbitration pro rata as permitted by law.
14.4 Class Action Waiver
CLASS ACTION WAIVER
UNLESS YOU SUBMIT A VALID OPT-OUT NOTICE, YOU AND RATE MY PRECEPTOR AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class action.
14.5 Right to Opt Out
IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST NOTIFY US IN WRITING by sending an Arbitration/Class Action Waiver Opt-Out Notice that:
- Is sent by first class mail (certified, return receipt requested) or overnight courier to: Rate My Instructor, Inc., Attention: Legal Department, [Address], [City, State ZIP]
- Is postmarked no later than 45 days after you first accept this Agreement
- Includes your first and last name, address, phone number, email address, username (if applicable), and a statement that you do not agree to mandatory arbitration and class action waiver
If your opt-out notice meets all requirements, you will be deemed to have opted out. If it does not meet all requirements, you will not be deemed to have opted out.
15Governing Law, Jurisdiction, Venue, and Jury Trial Waiver
With the exception that the Federal Arbitration Act governs the enforceability of the arbitration provisions, this Agreement and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles.
Any claim that is allowed to proceed in court (including as a result of submitting a valid opt-out notice) is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Borough of Manhattan, New York City, State of New York.
IF ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RATE MY PRECEPTOR WAIVE ANY RIGHT TO A JURY TRIAL.
16Miscellaneous Terms
This Agreement, together with our Privacy Policy, Copyright Policy, Community Guidelines, and any Additional Terms, contains the entire understanding and agreement between you and Rate My Instructor and supersedes any prior understandings.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this will not affect other provisions, and the Agreement will be deemed amended to make it legal, valid, and enforceable.
Limitation Period for Claims: No action relating to this Agreement or your use of the Site may be brought by you more than one (1) year after the cause of action has arisen.
You agree not to export or re-export any Material relating to the Site in violation of U.S. laws and regulations.
This Agreement cannot be changed or terminated orally and may not be modified except as described in Section 3 above.
