TutorMe Terms of Service
Last modified on September 26, 2020
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, LLC (“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).
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 TutorMe 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: https://www.tutorme.com/terms. When TutorMe changes these Terms of Service, TutorMe will modify the "Last Modified" date above.
“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.
“Tutors” means individuals who are authorized to provide tutoring services to students via TutorMe’s platform.
“Fair Use Policy” means the limits placed on usage as described in Section 3.8.
“Services” means any online tutoring or test prep courses provided by TutorMe.
2. Arbitration Agreement
By agreeing to the 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.
2.1 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 the Services at any time, whether before or after the date you agreed to the 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.
2.2 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 https://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 the 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 the 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.
2.3 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 https://www.adr.org/Rules 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.
2.4 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.
2.5 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.
2.6 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)).
2.7 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 the Terms (or to any subsequent changes to the 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: email@example.com. 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 the Terms (or to any subsequent changes to the Terms).
2.8 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.
3. TutorMe Services
3.1 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 Authorized Users to connect with tutors online and conduct the Lesson Services via our online interface as requested by Authorized 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 Authorized User. Tutors are independent contractors and are not employees or agents of TutorMe, therefore they are responsible for all tax withholdings.
3.2 Account Registration & Termination. TutorMe provides a variety of online services designed to improve the overall academic experience and help Authorized 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 Authorized 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 Authorized 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.
3.3 Free Trials. TutorMe may offer free or discounted trials during which Authorized 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 Authorized 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.
3.4 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 (28 days) or week (7 days), 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.
3.5 Account Deactivation. You may deactivate your account at any time throughout our Services. Your account will only be deactivated and closed after all transactions have been processed including payment of assessed penalties. If you’d like to deactivate your account please select ‘deactivate’ on your account settings page or contact us. Even if your account in deactivated, your photos, reviews, ratings, chat messages, past lessons and any other data you have shared via the Services may persist within the Service after deactivation of your account (for example, a student can go back a view a past lesson). TutorMe may also deactivate or suspend your account in its sole discretion any reason, including but not limited to inactivity or misuse.
3.6 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”).
3.7 Acceptable Use. You shall (i) be responsible for your 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 yourself; (b) use the 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, the 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 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); (e) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (f) attempt to gain unauthorized access to the Services or its related systems or networks; or (g) authorize, permit, or encourage any third party to do any of the above.
3.8 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.
3.9 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.
4. Intellectual Property
4.1 TutorMe Services. As between you and TutorMe, TutorMe retains all rights, titles, 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.
5.1 Indemnification. You shall indemnify, defend, and hold harmless TutorMe, and its affiliates, directors, officers, employees, and agents from and against any and all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature incurred or suffered by TutorMe arising out of, relating to, or resulting from this Agreement or your use of Services to the fullest extent permitted by applicable law and regulation. This includes your breach of this Agreement, 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, 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.
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 this Agreement, 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 this Agreement.
7.2 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.
7.3 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.
7.4 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.
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.
TutorMe Honor Code