TutorMe Terms of Service
Last updated on November 25, 2020
Welcome to TutorMe. TutorMe, LLC (“TutorMe”) owns and operates www.tutorme.com and any and all associated domains, websites, and applications operated by TutorMe and/or that contain TutorMe online resources, information, documents, graphics, photos, images, audio, video, software, or other content or materials (collectively “Site”). Any reference to TutorMe includes TutorMe’s subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives.
These Terms of Service (“Terms”) govern your access to, use of, and/or interaction (collectively, “use” or “using”) with Site and Services (defined below) accessible via Site and as amended from time to time. Any reference to “you,” “your,” or “User” herein shall mean the person or legal entity using Site and/or Services.
1. AGREEMENT TO BE BOUND BY TERMS
YOU MUST READ THESE TERMS CAREFULLY AND THOROUGHLY BEFORE USING SITE AND/OR SERVICES. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TUTORME AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES RELATED TO, AND IS A CONDITION OF, YOUR USE OF SITE AND/OR SERVICES. BY USING SITE AND/OR SERVICES, YOU, OR ON BEHALF OF AN ENTITY, VOLUNTARILY ACCEPT, AGREE TO COMPLY WITH, AND BE BOUND BY THESE TERMS AND APPLICABLE LAWS AND REGULATIONS. IF YOU ARE USING SITE AND/OR SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND CONFIRM THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY AND CAN LEGALLY BIND THE ENTITY TO THESE TERMS. ADDITIONALLY, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS PURSUANT TO APPLICABLE LAWS AND REGULATIONS. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST EITHER BE AN EMANCIPATED MINOR OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND MUST BE FULLY ABLE AND COMPETENT TO ENTER INTO, ABIDE BY, AND COMPLY WITH THESE TERMS PURSUANT TO APPLICABLE LAWS AND REGULATIONS.
YOU MAY NOT, UNDER ANY CIRCUMSTANCES, USE SITE AND/OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS IN FULL, OR IF YOU DO NOT UNDERSTAND ANY PORTION OF THESE TERMS, USE SITE AND/OR SERVICES WITHOUT FIRST OBTAINING FURTHER CLARIFICATION AND UNDERSTANDING.
TUTORME MAY, AT ANY TIME, MODIFY OR REMOVE ANY PROVISION OF THESE TERMS, IN ITS SOLE DISCRETION, IN WHOLE OR IN PART, IN ACCORDANCE WITH THESE TERMS. TUTORME HEREBY RESERVES ANY AND ALL RIGHTS THAT ARE NOT EXPRESSLY STATED OR GRANTED HEREIN.
2. TutorMe Services
2.1 Scope of Services and Support. Site is a neutral third-party online platform that connects Users, at Users’ request, with authorized individuals (collectively, “Tutors”) to obtain tutoring and writing support services, test preparatory training and courses, and other related educational products and services including audio, video, text, and document collaboration technology (collectively, “Services”).
TutorMe does not directly provide Services and is not an agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of TutorMe.
2.2 Account Registration & Termination. You may only create and maintain one TutorMe account for use of Services and shall not share your account or any Services with others. You may not create an account for anyone else unless expressly authorized by account User and TutorMe. Parents or guardians may create accounts on behalf of and for the benefit of Users under the age of 18. Any and all information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account on Site, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another User at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify TutorMe immediately if you suspect any unauthorized use of your account or access to your password. You agree not to exchange personal information (email addresses, phone numbers, home address, etc.) to any other Users on Site, including Tutors. TutorMe reserves the right to terminate your account for any reason at our sole discretion without notice and without liability.
2.3 Promotional Offers. TutorMe may offer promotional offers for free or discounted Services subject to specified terms and conditions (“Trial Services”). Users must provide payment information in order to utilize any Trial Services. Trial Services may not be combined with any other offer and are only available to Users who do not currently have an account at the time of registration, unless otherwise stated in the Trial Services terms and conditions. TutorMe reserves the right, in its sole discretion, to revoke any Trial Services if TutorMe determines that you have created multiple accounts in order to obtain unauthorized promotional offers. You will be billed for any Services not included in Trial Services.
2.4 Memberships and Refunds. User membership plans may be modified through User’s account on Site. TutorMe does not provide any prorated refunds for unused Services. If you are not satisfied with Services for any reason, please contact us via chat on Site. TutorMe reserves the right to provide any refunds to dissatisfied Users in its sole discretion.
2.5 Quality Management. TutorMe may record and monitor Service sessions, including, but not limited to, any audios, videos, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as TutorMe deems necessary without further notice of consent to you.
2.6 Account Deactivation. You may deactivate your account at any time by selecting ‘deactivate’ through your account on Site or contacting us. Your account will only be deactivated and closed after all transactions have been processed including payment for Services provided and assessed penalties. After your account is deactivated, you may still be able to access all of your data, including your completed Service sessions, documents, chat messages, photos, reviews, ratings, and any other available data that you shared on or through Site. TutorMe may suspend and/or deactivate your account in its sole discretion for any reason, including, but not limited to, inactivity, misuse, or breach of these Terms.
2.7 Updates and Functionalities. TutorMe may update and modify Services at any time for any reason in its sole discretion. Such updates or modifications may result in changes in the appearance and/or functionality of Services, including the addition, modification, or removal of functionality, features, or content. Excluding the addition of wholly new products or services, TutorMe shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to Services.
2.8 Acceptable Use. You shall (i) be responsible for your compliance with these Terms, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of any information, documents, or other content that you submit, upload, or publish on Site, and of the means by which you acquire or generate such information, documents, or content; (iii) use reasonable efforts to prevent unauthorized access to or use of Services under your account, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with Services; (v) promptly notify TutorMe if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other User’s) user name, password, or account; (vi) use Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of any third-party services that you use or otherwise access in connection with your use of Services. You must not (a) make Services available to anyone other than yourself; (b) use Services to store or transmit any content that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (c) upload to, or transmit from, Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of Services, any third-party use of Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (e) access Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of Services; (f) attempt to gain unauthorized access to Services or its related systems or networks; or (g) authorize, permit, or encourage any third party to do any of the above.
2.9 Fair Use Policy. TutorMe may suspend your access to Services for abusive practices that degrade the performance of Services for you and/or other Users, including Tutors.
2.10 Non-Exclusivity. You acknowledge that the rights granted to you under these Terms are non-exclusive and that nothing in these Terms will be interpreted or construed to prohibit or in any way restrict TutorMe’s right to license, sell, or otherwise make available Services to any other User or third party.
3. Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against TutorMe on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against TutorMe, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against TutorMe by someone else.
3.1 Agreement to Binding Arbitration Between You and TutorMe. You and TutorMe agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and TutorMe, and not in a court of law.
You acknowledge and agree that you and TutorMe are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TutorMe otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TutorMe each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
3.2 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
3.3 Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
3.4 Location and Procedure. Unless you and TutorMe otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TutorMe submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
3.5 Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. TutorMe will not seek, and hereby waives all rights TutorMe may have under applicable law to recover, attorneys' fees and expenses if TutorMe prevails in arbitration.
3.6 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, TutorMe will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
3.7 Changes. Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if TutorMe changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing TutorMe written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o TutorMe, LLC (the address shown at the end of this page), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and TutorMe in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
3.8 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
4. Intellectual Property
As between you and TutorMe, TutorMe retains all rights, titles, and interest in and to Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect Services or any of TutorMe’s rights or interests therein or any other TutorMe intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to Services not expressly granted in these Terms are reserved by TutorMe. You may from time to time provide suggestions, comments or other feedback to TutorMe with respect to Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for TutorMe notwithstanding anything else. You shall, and hereby do, grant to TutorMe a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
You shall indemnify, defend, and hold harmless TutorMe, and its subsidiaries, affiliates, successors, assigns, partners, and respective officers, directors, employees, contractors, agents, and other legal representatives, from and against any and all claims, losses, damages, penalties, liabilities, costs, fees, or expenses, including reasonable attorneys’ fees, of any kind or nature incurred or suffered by TutorMe arising out of, relating to, or resulting from these Terms or your use of Services to the fullest extent permitted by applicable law and regulation. This includes your breach of these Terms, improper or unlawful acts or omissions, violation of any third-party right, including any intellectual property or privacy rights, or any injury or damage caused to a third party.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTORME, OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, PARTNERS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER LEGAL REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, SERVICES OR ANY OTHER ASPECT OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL TUTORME BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THESE TERMS, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF TUTORME WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF TUTORME FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TUTORME, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF TUTORME; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
7.1 Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of TutorMe (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. TutorMe may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. TutorMe may also substitute, by way of unilateral novation, effective upon notice to you, TutorMe, LLC for any third party that assumes our rights and obligations under these Terms.
7.2 Modifications. TutorMe reserves the right to modify, supplement, or replace these Terms, effective upon posting on Site or notifying you otherwise. Your continued use of Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by TutorMe as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by TutorMe and you.
7.3 Severability. Each provision of these Terms is severable. If any provision of these Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these Terms or of that provision in any other jurisdiction.
7.4 Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
7.5 Force Majeure. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
7.7 Contact. If User has any questions regarding these Terms, User may contact TutorMe directly on Site. TutorMe cannot guarantee receipt of any correspondence, including mail, messages, and emails, sent to TutorMe; thus, receipt of any correspondence submitted to TutorMe is not confirmed until and unless User receives a written email response from a TutorMe representative confirming such receipt. TutorMe is not liable for any correspondence that is lost, delayed, or misdirected.
TutorMe Honor Code