Only individuals 13 years of age or older may use the Site or our services. Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.1. PROPRIETARY RIGHTS.
As between you and website, Company owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), code, data, and the look and feel, design and organization of the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.2. LIMITED LICENSE.
You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. To the extent you need to download software or documentation to use services on the Site, we grant you a limited, non-assignable, non-transferable revocable license to use such materials solely to utilize such services. Such license will terminate when you no longer use the services. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operations of, or any information available on, the Site at any time and without prior warning.3. PROHIBITED USE.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited. You agree to not recruit, solicit or, for our on-demand tutoring services, contact any tutors you use through services offered on the Site. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.4. TRADEMARKS.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") of Company or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.5. USER INFORMATION.
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.8. PUBLIC FORUMS.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, pedophilic, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.9. RIGHT TO MONITOR AND EDITORIAL CONTROL.
We reserve the right, but do not have an obligation, to (i) monitor and/or review all materials posted to the Site or through the Site's services or features by users or (ii) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.10. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.11. COPYRIGHT.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at [email protected] or the following address:
(a) You may be able to link from the Site to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.13. INDEMNIFICATION.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.14. ORDERS FOR PRODUCTS AND SERVICES.
(a) We or our affiliates make certain products and services available to visitors and registrants of the Site. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to TPR and its affiliates. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
(b) We may offer services that continue indefinitely until cancelled by you. If you purchase such a service, you agree that your account will be subject to this automatic renewal feature until you cancel the service. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. The minutes we place in your account each month for certain of our online tutoring services remain in your account until you use them in a session with one of our tutors or until you cancel your online tutoring plan associated with the minutes. As long as you have an online tutoring plan that provides tutoring for a set number of minutes (and not hours), your minutes “roll over” from one month to the next. If you cancel your online tutoring plan that provides tutoring for a set number of minutes, we remove your unused minutes from your account. While enrolled in an online tutoring plan for a set number of minutes of tutoring, you may also purchase single hours at a fixed rate without upgrading or downgrading your plan or changing your billing date. If you choose to purchase a single hour, we immediately charge your credit card and add 60 minutes to your account.
(c) We may offer some services or products by granting you an unlimited license to use a feature during a set time period using “tokens”, “points” or similar terms (“License Triggers”). Upon the expiration of the time period, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. Any such license will be subject to your compliance with these Terms and Conditions and is non-exclusive, non-transferable and revocable. You understand and agree that while License Triggers may be described as being “purchased”, “bought”, “redeemed” or “spent”, the License Triggers themselves are not real world or virtual currency and do not refer to any credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.15. SERVICES.
(a) We provide services that allow users to connect with tutors and instructors who provide live, one-to-one tutoring and learning services and classroom instruction in our proprietary online classrooms. We generally do not control, and we make no representations or warranties regarding the reliability of, any verification service or any information provided by such verification service we use to confirm the validity of our tutors’ claimed educational credentials and lack of criminal history.
(b) You are solely responsible for all telephone, computer hardware and other equipment required for access and use of our on-line services.
(c) To use services delivered on or through the Site, you will need to register on the Site, pay any applicable fees, and create an account, username and password. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives.
(e) You agree that you will treat the online tutors and instructors with respect and not use obscenities in the online classroom, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. With respect to our on line one-on-one tutoring services for which anonymity is a feature of the service, you agree that you will not disclose any information to your tutor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you.
(f) If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge). You agree that we may charge any credit card number provided for your account. For example, if you create 20 accounts under a hypothetical “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (twenty hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.
(g) If you would like to cancel your on-demand online tutoring account for any reason, you may do so by visiting the Tutor.com Site, signing into your account, and clicking the appropriate link on your account page. You may also call us at (800) 411-1970. When you cancel your on-demand online tutoring account, we will stop charging your credit card for on-demand tutoring services and will stop refilling your account with minutes each month. Any unused minutes left in your account are not refundable (except as noted below) and will be good until what would have been your next billing date, at which time they will expire. Notwithstanding the above, if you decide to cancel your on-demand online tutoring account within 30 days of creating your account, you can call us to request a refund for any unused minutes left in the account on a prorated basis. We process refund requests only by phone. You must call us at (800) 411-1970 within 30 days of creating your account to request a refund or if you have any questions about our refund policy.
(h) Our on-demand online tutoring services are unavailable on New Year's Day, Independence Day, Thanksgiving Day, and Christmas Day. On those holidays our on-demand tutoring services close beginning at 2:00 a.m. and they reopen at 2:00 a.m. on the following day (all times Eastern). As an online service, our on-demand online tutoring services may periodically be unavailable as we perform regular maintenance and upgrades on Wednesdays from 8:00 a.m. to 11:00 a.m.16. DISCLAIMER OF WARRANTIES.
(a) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from tutors under tutoring services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE [OR ANY VERIFICATION SERVICES DONE ON OUR ON-DEMAND TUTORS], OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.17. LIMITATION OF LIABILITY.
(a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
(b) IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE.18. APPLICABLE LAWS AND ARBITRATION.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Regarding claims:
(a) By using the Site, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures .
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Boston Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and Company, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.19. TERMINATION.
Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.21. COMMUNICATION AND MISCELLANEOUS.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Effective Date: November 11, 2015