TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: February 1, 2017
The terms and conditions stated herein (collectively, the “Terms”) constitute a legal agreement between you and MyTutorConnect LLC, a New York limited liability company (the “Company”). In these Terms, “MyTutorConnect”, “we”, “us” or “our” means MyTutorConnect LLC, and/or “Student”, “Client” “you” or “your” means any Student or Client of the Services (defined below).
In order to use the Services, you must agree to the terms and conditions that are set out below. By using the Site, you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to these Terms as published from time to time at http://www.mytutorconnect.com/terms/.
MyTutorConnect reserves the right to modify the terms and conditions of these Terms or any other policy relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
By accessing or using the Services or clicking “accept” or “agree” to these Terms, you acknowledge that you have read, understand and agree to be bound by these Terms. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Disclaimer of Liability
THE SERVICES ARE OFFERED FOR INFORMATIONAL, EDUCATIONAL AND SCHEDULING PURPOSES ONLY. COMPANY SOLELY OFFERS AN ONLINE PLATFORM OR MARKETPLACE FOR TUTORS, SERVICE PROVIDERS, AND STUDENTS/CLIENTS TO MEET ONLINE AND FOR STUDENTS/CLIENTS TO OBTAIN INFORMATION TO DETERMINE WHETHER THEY WOULD LIKE TO ENGAGE THE SERVICES OF ANY SERVICE PROVIDER. COMPANY DOES NOT HIRE THE TUTORS/SERVICE PROVIDERS. WE DO NOT SCREEN OUR TUTOR/SERVICE PROVIDER APPLICANTS. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY TUTOR/SERVICE PROVIDER. COMPANY’S RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE SITE AND SERVICES. TUTORS/SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH YOU AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH TUTOR/SERVICE PROVIDER. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM COMPANY WITH RESPECT TO ANY AND ALL SUCH CLAIMS. COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY TUTOR/SERVICE PROVIDERS ACCOUNT. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICES OBTAINED THROUGH OUR WEBSITE. ACCORDINGLY, ANY SERVICES OBTAINED BY A STUDENT/CLIENT THROUGH OUR SITE WILL BE MADE AT SUCH STUDENT’S/CLIENTS OWN RISK.
The Services discussed and/or advertised within the Site are not applicable to all individuals. We make no claims as to the effectiveness of any such Services. Any Services represented on the Site by Tutors/Service Providers are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success. We do not recommend or endorse any specific service, study material, test, opinion or any other information that may appear on the Site. If you rely on any Content listed on the Site, you do so solely at your own risk.
Company reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can register and use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are under the age of 13, you may not use the Services, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Services. Membership in the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are administered in the United States and intended for United States Students only; any use outside of the United States is at the Students’ own risk and Students are responsible for compliance with any local laws applicable to their use of the Services.
We will use certain defined terms in this section and throughout these Terms as follows:
• “Company Content” means text, images, graphics, photos, audio, video, location data, information, suggestions, guidance, and all other forms of data, communication, or materials provided by Company;
• “Tutor/Service Provider Content” means Content that Tutors/Service Providers submit or transmit to, through, or in connection with the Services, such as professional experience, certifications, messages and information that Tutors/Service Providers publicly display in their Accounts.
Students/Clients and Tutors/Service Providers may have the opportunity to submit Student/Client Content and Tutor/Service Provider Content, as applicable, including feedback regarding Students/Clients experiences with Tutors/Service Providers who are featured on the Services, participation in the other interactive and community features of the Services, and updates to your Account that appear on the Site. You may submit Student/Client Content or Tutor/Service Provider Content, as applicable, through the “Contact Us” section of the Site.
It is important that you act responsibly when providing Student/Client Content or Tutor/Service Provider Content, as applicable. In providing feedback, please give clear, honest information about the Tutor/Service Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Services, please do not post any information that another Student/Client or Tutor/Service Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
You acknowledge and agree that all Student/Client Content and Tutor/Service Provider Content, as applicable, will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Student/Client Content and Tutor/Service Provider Content, as applicable, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections in such Student/Client Content and/or Tutor/Service Provider Content, as applicable.
If you are a Tutor/Service Provider posting Tutor/Service Provider Content to your Account, such information about your office, service, or specialty, or other information, you are also subject to the following additional terms:
• You represent and warrant that your Tutor/Service Provider Content will be complete and accurate to the best of your knowledge;
• You acknowledge that Company does not represent and has no control over Students/Clients. Company disclaims all warranties in and liability for, and you agree not to hold Company liable for, the actions or inactions of Students/Clients, including, without limitation, negative reviews, failure to show up at the designated time for appointments, or failure to comply with these Terms;
• You acknowledge that, in providing the Services, Company may: (i) contact you by phone, email, text, or other media; and (ii) take all other actions necessary to provide the Services and keep any Tutor/Service Provider Content complete and current;
• Tutor/Service Provider Content may not falsely express or imply that such Tutor/Service Provider Content or material is sponsored or endorsed by Company;
• Tutor/Service Provider Content may not be unlawful or promote or encourage illegal activity; and
• You understand and agree that Company may (but is not obligated to) review and delete any Tutor/Service Provider Content that in the sole judgment of Company violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Students and any user of our Services.
How the Site and Services Work
As stated above, Company makes available an online platform or marketplace for Tutors, Service Providers, and Students/Clients to meet online and arrange for Students/Clients to obtain tutoring services from any Tutor/Service Provider listed on our Site. Company does not provide tutoring or educational services. Company’s responsibilities are limited to facilitating the availability of the Site and Services.
It is easy to find and hire a Tutor/Service Provider on the Site. A Student/Client can search the Site for Tutors/Service Providers based on his/her subject, requested service, and grade level. A Student/Client can also send a “Tutor Request” or “Service Request” to Tutors/Service Providers who specialize in the subject/service he or she requires assistance with. A Student/Client can then request a free Trial Session to connect with and meet the Tutor/Service Provider in our virtual classroom before confirming a session with one of our Tutors/Service Providers. Please refer to this link ( https://mytutorconnect.com/faqs) for answers to our most frequently asked questions.
To re-schedule a live tutoring/ conference session, click on the cancellation button, under “upcoming sessions”, which can be accessed from your dashboard. Then contact the Tutor using the messaging system. Once you have done this the Tutor can provide you with a new session date, or you can reschedule with another Tutor of your choosing. Please keep in mind this needs to be done within the Tutors allowed cancellation window.
If a Tutor cancels a session he or she must issue you a refund, or you can choose to re-schedule the session for a later time with that Tutor. Tutors must give students at least three (3) days notice that they will be cancelling an upcoming session. Tutors who have a negative pattern of not giving students sufficient notice of cancellation may be removed from the Site.
Students will be provided a link via the e-mail on his/her profile for the virtual classroom session. Students can also test out the virtual classroom prior to a session via the “Virtual Classroom Demo”. Students will be able to watch past sessions via such Student’s dashboard under the tab for past sessions, which will provide a log of all past sessions and a link to the videos that have been recorded by the Student. Recorded videos will be available for a 30-day period.
Tutor Content found on the Site is intended for general reference purposes only. Such Tutor/Service Provider Content is both self-reported by the Tutor/Service Provider. Such Tutor Content often changes frequently and may become out of date or inaccurate. We do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Tutor/Service Provider. Your relationship relating to our Site is strictly with the Tutor/Service Provider. They state their own expertise in their chosen fields. We are not involved in any way with the actual substance of that relationship or any part of the services provided by any Tutor/Service Provider and we do not validate, and are not involved in, any of the services provided by Tutors/Service Providers listed on our Site. You are strongly advised to perform your own investigation prior to selecting a Tutor/Service Provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials, and education, and to further verify information about a particular Tutor/Service Provider. We have no control over, and cannot guarantee the availability of any Tutor/Service Provider at any particular time, or guarantee a particular Tutor’s/Service Providers office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Services provide to you in locating Tutors/Service Providers, the ultimate decision to engage the services of a Tutor/Service Providers remains yours and yours alone, and you hereby agree to assume any risk inherent in utilizing the Services and/or deciding to actually engage, and use the services of, any Tutor/Service Provider listed on our Site.
Company reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, in its sole discretion, that we consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
As a Tutor/Service Provider, you must register and create an account to use our Services (“Tutor Account”). If you are a Tutor/Service Provider, you may login to our Site by creating a Tutor/Service Provider Account using your name, gender, teaching experience, qualifications, cancellation notice, languages of teaching, date of birth, email address, home address(country, state, & zip code), phone number, description about yourself and image, all of which is required in order to create an Account. Tutor/Service Provider Accounts will be made publicly available via the Site. Students will be able to engage the services of a Tutor/Service Provider via the Site based upon the information provided in a Tutor/Service Provider Account.
As part of the Services, we reserve the right to publish any Tutor/Service Provider Content in a Tutor/Service Providers Account, including information about such Tutor’s/Service Providers services and any reviews submitted by any Student/Client regarding the use of such Tutor’s/Service Providers services and to remove such Tutor/Service Provider Content for any reason. We are not, however, responsible for any failure or delay in removing Tutor/Service Provider Content.
If you are a Student/Client, you may login to our Site by creating an account directly on our Site using your first and last name, email address, password, date of birth, profile description (a description of the subjects you would like tutoring in/ the services that you are requesting). All of which is required in order to create a profile (“Student Account”).
We will create your Tutor/Service Provider Account or Student/Client Account, as applicable, for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Account. 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. You are responsible for safeguarding your password. A Tutor/Service Provider or Student/Client, as applicable, agrees to not disclose his or her password to any third party and that he or she will take sole responsibility for any activities or actions under his or her Account, whether or not such Tutor/Service Provider or Student/Client, as applicable, has authorized such activities or actions. A Tutor/Service Provider or Student/Client, as applicable, will immediately notify us of any unauthorized use of his or her Account.
Authorization and Acknowledgment
In connection with using the Services for informational and educational purposes and to locate and schedule appointments with Tutors/Service Providers, you understand that, in Company’s sole discretion:
• Company may pre-populate the Services with information for Tutors/Service Providers;
• Company may select Tutors/Service Providers to be featured on the Services based on pre-existing contractual agreements with the Tutors/Service Providers and such selection is not an endorsement of such Tutors/Service Providers;
• In addition to signing a contract, Tutors/Service Providers may pay a fee to Company in order to be listed on the Site;
• Company will provide you with a list of Tutors/Service Providers who may be suitable to deliver the services that you are seeking based solely on the information that you provide to Company (such as requested subjects/services, proximity to your geographical location, and additional criteria that you specify); and
• You are ultimately responsible for choosing your own Tutor/Service Provider.
The price for engaging the services of a Tutor/Service Provider will be as quoted on the Site, which may change from time to time. Tutors/Service Providers are not charged any fees or commissions to list their services on our Site. Instead, we deducts a flat service fee of $52 per week from any earnings generated by Tutors/Service Providers provided that Tutors/Service Providers have in fact earned at least this amount tutoring/ administering services to Students/Clients through our Site during such week. In other words, no fee will be deducted from a Tutor/ Service Provider during any week in which such Tutor has not earned $52 or more during that week.
Payment for Services
Buying “Tutor Dollars” is simple. From your dashboard on the left panel menu go to “Tutor Dollars”, and click on “Add Tutor Dollars”. Enter the amount you would like to add, select the payment preference (PayPal or Stripe) and click “Pay Now” to proceed. For payment via PayPal, your login details will be requested. For payment via Stripe, you credit card information will be requested. Payments are distributed to Tutors/Service Providers every Sunday based upon such Tutor’s/Service Providers balance of Tutor Dollars in his/her Tutor Account, less any service fees owed to the Company. All payments made by the Company will be made through PayPal.
Tutors/Service Providers may not solicit Students for payment outside of our Site for Academic Services. All such payment transactions for academic services, must be kept within our Site. We have the right, at our sole discretion, to terminate any Tutor/Service Provider Account if we have reason to believe that such Tutor/Service Provider is being paid for tutoring/ academic services outside of our Site by a Student that the Tutor originally met through the use of our Services. In such case, a Tutor/Service Provider would forfeit all of his/her accumulated Tutor Dollars.
For Academic Services: All academic services, including Lessons,Tutoring, & Consulting Sessions must be paid in full through our website.
For Non Academic Services costing $52 or less: Clients must pay service providers in full through our website.
For Non Academic Services costing more than $52: Clients must pay $52 to service providers through our website. Clients have the option to pay the remaining balance to service providers outside of our website, if they choose.
However, we recommend that you (the client) pay service providers solely through our website so that we may refund you (tutor-dollars) in case you have a dispute with the service provider.
Non Academic services, include Music Production Services,Computer& Technology Services,Health& Well being Coaching, Nurse& Doctor Consultations, Business Consulting, Dating& Relationship Advice, Fashion& Beauty Services,Culinary Services, Legal Services, & Additional Services.
Payment will be processed as agreed upon by the Tutor/Service Provider and the Student/Client, and Student/Client will be required to pay Tutor/Service Provider in advance prior to any tutoring session. Students/Clients are responsible for all fees charged by Tutors/Service Providers. By using the Service, Students/Clients agree to pay Tutors/Service Providers the amount agreed on, unless a Student/Client disputes any fees charged by a Tutor/Service Provider by sending an email to email@example.com that adheres to the other conditions set forth below under “Dispute Resolution Procedures.”
Should a Student/Client not be satisfied with services rendered by a Tutor/Service Provider, a Student/Client will have the ability to request a refund. This request will send a notification to the Tutor/Service Provider so that the Student/Client and the Tutor/Service Provider can attempt to resolve the dispute. If both parties are unable to resolve the dispute, the Student/Client will be able to notify the Company about the existence of such dispute, and will be required to adhere to the conditions set forth below under “Dispute Resolution Procedures.”
Dispute Resolution Procedures
In the event that a Student/Client has a good faith belief that the nature or quality of the tutoring or other such services rendered by a Tutor/Service Provider in connection with the relevant project are not consistent with industry standards or these Terms, or the amounts invoiced for the services provided by such Tutor/Service Provider are not consistent with the original agreement between the Student/Client and Tutor/Service Provider, the Student/Client shall then be permitted to (i) request a refund, and/or (ii) withhold payment of any disputed amounts which are the subject of such matter, subject to the terms and conditions set forth below.
Within 4 (4) calendar days of the date of the completion of the tutoring session/service, the Student/Client must submit a Dispute notice to the Company setting forth in reasonable detail the facts and circumstances which are the basis of the dispute (“Dispute Notice”). The Student’s/Clients failure to submit this Dispute Notice within the 4-day notice period shall constitute such Student’s/Clients permanent waiver of his or her right to dispute the amount in question.
In the event that the Student/Client does submit a Dispute Notice within the 4-day notice period, and such request contains the information set forth in the preceding bullet, Company shall make a determination in its sole and absolute discretion, and based upon the information theretofore provided by the Student/Client and the Tutor/Service Provider, as to whether the nature and quality of the tutoring or other services rendered in which is the subject of the dispute were consistent with industry standards, the provisions of the original agreement between Student/Client-Tutor/Service Provider and these Terms. Should Company decide the dispute in favor of the Student/Client, the Company will withdraw the amount of Tutor Dollars in dispute from the Tutor’s/Service Providers account and deposit such amount in the Student’s/Clients account. Should Company decide the dispute in favor of the Tutor/Service Provider, the Student/Client shall not have a right to a refund which is the subject of the dispute.
Tutors/Service Providers who sell and or administer services through our website, agree that MyTutorConnect, LLC is authorized to mediate refund requests related to the services that you provide to students/clients on our website. MyTutorConnect, LLC in its sole discretion, can accept or reject a Tutor/Service Providers service refund request.
The features, information and materials provided and depicted through the Services are protected by copyright, trademark and other intellectual property laws, and are the sole property of Company, except for any legal names and trademarks of Tutors/Service Providers listed in our Site, which belong to such Tutors/Service Providers. All text, images, graphical content, data and other content made available through the Services (collectively, the “Content”) is provided to Student/Clients by Company solely to support Student’s/Clients permitted use of the Services. The Content may be modified from time to time by Company in its sole discretion and without notice. Except as expressly set forth herein, no license right or interest is granted to Students/Clients or Tutors/Service Providers for any other purpose, and any other use of the Services or the Content by Students/Clients or Tutors/Service Providers shall constitute a material breach of these Terms. Company retains all rights in the Services and Content and any associated trademarks, copyrights, trade secrets or other intellectual property rights.
MORE TUTOR FAQS
Do I have to administer lessons/sessions through the virtual classroom?
No. where a tutoring or consulting session takes place is up to you and the student.However,we generally recommend that all academic sessions take place through the virtual classroom since the classroom is equipped for tutoring session with features such as a interactive whiteboard,option to record sessions,screen sharing,file sharing,viewing YouTube videos(etc).
Non academic sessions are generally not held in the virtual classroom. As these sessions require full screen interaction without a whiteboard. You can administer lessons in the following categories to students via Skype, Zoom, or in person:Lessons: Sports& Total Body Fitness,Lessons: Culinary Arts,Lessons: Fashion& Beauty,Lessons: Home Design, Crafting, & Gardening,Lessons: Instrumental,Lessons: Dance,Lessons: Artistic Expression.
However the student must schedule and pay for the session with you through “the solution center” by clicking on “Ask a Question”.
We cannot get involved in any payment disputes that you may have with a student or ensure that you are paid for a session if you ask the student for payment outside of our platform. Moreover asking a student to pay you outside of our platform is a violation of our TOS. Students are encouraged to report any tutor who asks them for payment outside of our platform. Similarly, if a student asks to pay you outside of our platform report them immediately to us.
MORE STUDENT FAQS
Where are non academic sessions/lessons held?
Non academic sessions/lessons are generally not held in the virtual classroom. As these sessions/lessons require full screen interaction without a whiteboard. Your tutor will generally administer lessons in the following categories to you via Skype, Zoom, or in person:
Lessons: Sports& Total Body Fitness,Culinary Arts, Fashion& Beauty,Home Design, Crafting, & Gardening, Instrumental, Dance, Artistic Expression.
However you must schedule and pay for these sessions/lessons with the tutor through “the solution center” by clicking on “Ask a Question”.
We cannot get involved in any payment disputes that you may have with a tutor or refund you for a session/lesson if you pay the tutor outside of our platform. Moreover paying tutors outside of our platform is a violation of our TOS. If a tutor/service pro ask you to pay them outside of our platform report them immediately to us.
Do sessions have to take place through the virtual classroom?
No. where a tutoring or consulting session takes place is up to you and your tutor. However,we generally recommend that all academic sessions take place through the virtual classroom since the classroom is equipped for tutoring session with features such as a interactive whiteboard,option to record sessions,screen sharing,file sharing,viewing YouTube videos(etc).Moreover, tutor dollars are automatically refunded to students account for the amount of time a tutor is not in a session.For ex:If a tutor does not show up to a virtual session you are automatically refunded for that session as long as you stay in the session for the full session time(you can minimize the session window and then close it after the session time has passed).Thus it is a safe and secure way to schedule a tutoring session. Note: Scheduling and paying for services through our website ensures that you will be able to dispute a service and request a refund if the need arises.
How do I make a deposit to a service provider through Mytutorconnect?
To make a deposit to a service provider through our website:
1)Email the service provider to ensure that you are both in agreement with the payment terms that will be used
2)Click on their profile, click on “Request Service” button.
3) Service pro will bid on service, click on “accept bid” (you must have tutor dollars in your account to “accept” bid amount), then click on “completed”.
4)This will send a deposit to the service pro to start working on your service.
5) Then you may either pay off the remaining balance for the service to the service provider through our website or if you have made a deposit of $52 or more (through our website) you may pay off the remaining balance for the service to the service provider outside of our website.
How do I make installment payments to a service provider through Mytutorconnect?
To make installment payments to a service provider:
1)Email the service provider to ensure that you are both in agreement with the payment terms that will be used
2)Click on their profile, click on “Request Service” button.
3) Service pro will bid on service, click on “accept bid” (you must have tutor dollars in your account to “accept” bid amount).
4)Once the service pro has reached a set milestone. Then you can click “completed”. Do not click on “completed” until the service pro has completed the portion of the project that they were supposed to complete to your satisfaction. If the service pro has not reached the set milestone then you should message the tutor and ask for a status on the project.
Note: Service pros who do not deliver a promised service by the deadline to a client, (after being paid a deposit or in full by the client through our website) and does not keep in communication with and or respond to the client messages may be removed from the system and will forfeit all tutor dollars earned. Thus the penalties are very severe for tutors/service pro who conduct dishonest business on our website.
Note: We cannot refund you for any deposits made to a service provider. Once you click on “completed” we will not be able to refund you the money sent to a tutor/service pro. We also cannot refund you for any money paid to service providers outside of our website.
We suggest you (the client):
• Be clear about your service providers obligations once you put down a deposit for a service. Specifically, under what circumstances will the service provider give you a full refund on the deposit.
• Be sure to get a fully itemized receipt from your service provider
• Be sure that you and your service provider work out a payment schedule that is suitable for the both of you.
• We recommend that you leave a large installment of the payment until after the job is completed to your satisfaction.
• Ask the service provider if completed work is guaranteed.
To learn more about your consumer rights click on the link below:
By making Student/Client Content or Tutor/Service Provider Content, as applicable, available on or through Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such Student/Client Content or Tutor/Service Provider Content, as applicable, on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to (i) access and view any Company Content solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any Student/Client Content or Tutor/Service Provider Content, as applicable, that belongs to other Students/Clients or Tutors/Service Providers to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser (such as Microsoft Internet Explorer, Firefox, Safari, etc.), solely for the purpose of obtaining services from Tutors/Service Providers, as permitted herein. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Services Content or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.
The Services are offered solely for Student’s/Clients personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages, database records or other services contained in the Site, Services or Content;
• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• take any action that imposes or may impose (in Company’s sole determination) an unreasonable or a disproportionately large load on the Services or Company’s infrastructure;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
• copy, store or otherwise access any information contained on the Site or Services for purposes not expressly permitted by these Terms;
• use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
• modify any Services or Content or create any derivative product from any of the foregoing;
• register for more than one Account or register for an Account on behalf of an individual other than yourself;
• use the Services or Content for any illegal purpose;
• publicly disseminate information regarding the performance of the Services or Content or access or use the Services or Content for competitive analysis or benchmarking purposes; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Company or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Students/Clients, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Company , its Students/Clients, or members of the public. You acknowledge that Company has no obligation to monitor your access to or use of the Site or Services or to review any Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at [firstname.lastname@example.org] or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Use of the Services requires internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services. Company does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. The Student interface and functionality may not be the same across all platforms and devices.
Company’s Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Company may suspend your ability to use all or any element of the Services or may terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, Company may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish a Tutor/Service Provider Account or Student/Client Account, as applicable. You agree that Company shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You may cancel your Tutor/Service Provider Account or Student/Client Account, as applicable, at any time by sending an email to email@example.com. Please note that if you Tutor/Service Provider Account or Student/Client Account, as applicable, is cancelled, we do not have an obligation to delete or return to you any Student/Client Content or Tutor/Service Provider Content you have submitted through the Site.
Company may send you email messages to provide you information regarding our Services. You may report a problem to us regarding any Tutor/Service Provider listed on our Site, but we cannot guarantee that we will contact the Tutor/Service Provider to remedy such problem.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICES OR (B) $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THESE TERMS, (B) ANY USE OF THE SITE OR SERVICES, (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES), OR (D) YOUR USE OF ANY SERVICES PROVIDED BY A TUTOR/SERVICE PROVIDER OR THE PERFORMANCE, NON-PERFORMANCE OR CONDUCT OF ANY TUTOR/SERVICE PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO STUDENT/CLIENT FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE CONTENT. COMPANY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY TUTOR/SERVICE PROVIDER LISTED ON THE SITE.
You and Company understand and agree that the disclaimers, exclusions and limitations in this Section titled “Liability Limitations” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Company would be unable to make the Services available to you except on these terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Disclaimer of Warranties
THE SERVICES, ALL CONTENT, AND ANY OTHER INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO STUDENT/CLIENTS ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF SERVICES CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. COMPANY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, THE SITE OR ANY COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF COMPANY. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH SERVICES CONTENT WITHOUT LOSS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site or Services, or your violation of these Terms; (b) your Student/Client Content or Tutor/Service Provider Content, as applicable; and (c) your engagement and use of any services provided by a Tutor/Service Provider, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a your engagement and use of any services provided by a Tutor/Service Provider.
Electronic Contracting and Notices
Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Company (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York or a United States District Court located in New York County, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Company must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Company also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York County, New York.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact MyTutorConnect at [firstname.lastname@example.org].