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TutorMe Terms of Service


Last modified August 18, 2016

Welcome to TutorMe. These terms and conditions (“Terms of Service” or “Agreement”) govern your access to and use of the tutoring services offered by TutorMe.com, Inc. (“TutorMe”) accessible via the website www.tutorme.com and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (as defined below).

BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE "ACCEPTING" AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH TUTORME’S PRIVACY POLICY.

Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

TutorMe reserves the right, at any time, to update and change any or all of these Terms of Service, in its sole discretion, including but not limited to the fees and charges associated with the use of the Services. If TutorMe does so, it will post the modified Terms of Service on the Site, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: http://www.tutorme.com/terms. When TutorMe changes these Terms of Service, TutorMe will modify the "Last Modified" date above.

1. Definitions

“Authorization Form” means a document issued by TutorMe and executed or otherwise agreed upon by authorized representatives of the Parties which specifies, among other things, a description of the Services, the Fees (as defined below), the Term (as defined below), and any other details specifically related to the Services.

“Authorized Users” means individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by you to use the Services and who you have supplied user identifications and passwords to.

“Fair Use Policy” means the limits placed on usage as described in Section 2.6.

“Services” means any online tutoring or test prep courses provided by TutorMe.

2. TutorMe Services

2.1 Services and Support. TutorMe can be used to facilitate the provision of Lesson Services via our online platform and its video and text chat and document collaboration interface. As stated above, TutorMe makes available a platform with related technology for users to connect with tutors online and conduct the Lesson Services via our online interface as requested by users. TutorMe is not a provider of tutoring services. TutorMe's role is solely to facilitate the availability of the Site and Services. Similarly, TutorMe is not a contracting 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. TutorMe provides a variety of online services designed to improve the overall academic experience and help users save money. You may only have one TutorMe account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by TutorMe. 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, 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 the site. Also, TutorMe has the right to terminate your account for any reason at our sole discretion without notice and without liability.

2.3 Free Trials. TutorMe may offer free or discounted trials during which Users may use the Services to receive Lesson Services from tutors for the time period specified in the promotional offer ("Trial Period"). In order to use the Services during a Trial Period, you will be required to provide payment information. Trials 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 promotion details. TutorMe reserves the right, in its sole discretion, to revoke any Lesson Services time made available to you or purchased by you in connection with a Trial Period if it believes that you have created multiple Accounts via the Services. At the conclusion of the Trial Period, you will be billed for any time used beyond the specified Trial Period as described herein and via the Services.

2.4 Downgrading and Refunds. If for any reason you are not satisfied with a tutor after receiving a Lesson Services from such tutor, please contact us. Refunds are not given for unused tutoring minutes as these minutes do not roll over to the next usage period. All refunds are at TutorMe's sole discretion. If you have a membership plan where you have a certain amount of tutoring minutes per month or week, you can downgrade your membership by changing your membership to Pay As You Go, which disables recurring charges on your account and only charges you for minutes you use.

2.5 Account Cancellation. You may cancel your account at any time throughout our Services. Your account will only be cancelled and closed after all transactions have been processed including payment of assessed penalties. If you’d like to cancel your account please contact us. Even if your account in cancelled, your photos, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others). TutorMe may also cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse.

2.6 Updates and Functionalities. You acknowledge that from time to time TutorMe may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, 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 the Services (collectively, the “Updates”).

2.7 Acceptable Use. You shall (i) be responsible for your and your Authorized Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the 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 Authorized User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) make the Services available to anyone other than to your Authorized Users; (b) allow more than one individual Authorized User to use a Seat; (c) sell, trade, or otherwise transfer your Seats to another party; (d) use the Services to store or transmit any content, including Customer 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; (e) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (h) attempt to gain unauthorized access to the Services or its related systems or networks; or (i) authorize, permit, or encourage any third party to do any of the above.

2.8 Fair Use Policy. TutorMe may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of TutorMe.

2.9 Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict TutorMe’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.

3. Intellectual Property

3.1 TutorMe Services. As between you and TutorMe, TutorMe retains all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the 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 the Services not expressly granted in this Agreement are reserved by TutorMe. You may from time to time provide suggestions, comments or other feedback to TutorMe with respect to the 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.

4. Indemnification

4.1 Your Indemnification. You shall defend, indemnify, and hold harmless TutorMe, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from your breach Section 2.7; or (c) relating to, or arising from, Third-Party Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTORME, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL TUTORME BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE 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 THIS AGREEMENT, 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 THIS AGREEMENT 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.

6. General

6.1 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 this Agreement, fully or partially without notice to you. TutorMe may also substitute, by way of unilateral novation, effective upon notice to you, TutorMe.com, Inc. for any third party that assumes our rights and obligations under this Agreement.

6.2 Amendment. TutorMe reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the TutorMe website or notifying you otherwise. Your continued use of the 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 this Agreement shall be effective unless set forth in a written agreement bearing a written signature by TutorMe and you.

6.3 Severability. Each provision of this Agreement is severable. If any provision of this Agreement 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 this Agreement or of that provision in any other jurisdiction.

6.4 Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

6.5 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, lock-outs, 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.

6.6 Entire Agreement. The terms of this Agreement, together with any applicable Authorization Form, all exhibits, and TutorMe’s privacy policy, constitute the entire agreement between the parties with respect to the use of the Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. In the event of any conflict between this Agreement and the terms of an Authorization Form, the provisions of the Authorization Form shall prevail.



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