Tutor.com

Terms of Use

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Terms of Use &nbsp. Effective Date: November 30, 2020 &nbsp. The following terms and conditions (the "Terms") govern your use of websites and mobile applications on which Tutor.com, Inc. or one ofits affiliates (collectively ,“we,” “us, ” or “our”) posts these Terms (collectively “Sites”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE. &nbsp. You should also read our Privacy Policy which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Site or the products and services offered on the Site (“Services”). By accessing the Site, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account. Users under the age of 18 must (a) review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms, and (b) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms. &nbsp. 1.           &nbsp. Services Through our Services and Site, we enable users to connect with tutors who provide tutoring services in our proprietary online classrooms. As part of the Services, we require all tutors to pass a third party verification service ("Verification Service"). We do not control, and are not responsible for, any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service. &nbsp. 2.           &nbsp. Proprietary Rights As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site. the technology underlying the Services. all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, and instructional materials and other text), software, code, and data available to you in connection with the Site or Services (collectively, “Company Content”). and the look and feel and design and organization of the Site. Your use of the Site or Services does not grant to you ownership of any Company Content. &nbsp. 3.           &nbsp. Limited License You may access and view the Company Content on your computer or other internet compatible device and make single copies or prints of the Company Content for your personal, non-commercial use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such software or documentation solely to utilize the Services. Such license will terminate when you no longer use the Services. The Site and the Services, including any Company Content, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice. &nbsp. 4.           &nbsp. Trademarks Trademarks, logos, service marks and trade names (collectively, "Trademarks") that are ours or Trademarks of any third party displayed on the Site or on Company Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. &nbsp. 5.           &nbsp. User Content (a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs ("User Content") will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any "moral rights" in User Content have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute the User Content (in whole or part). We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time. &nbsp. (b) By submitting or sending any problems or questions (excluding those from academic source materials such as textbooks or workbooks) or documents such as essays to us through the Site for help from or review by our tutors ("Submitted Materials"), you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use the Submitted Materials for quality control, for the professional development of tutors, to improve the Services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time. &nbsp. (c) For any academic source materials such as those from textbooks and workbooks which you submit to us in connection with the Services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your tutoring session, as “fair use” under copyright law. &nbsp. (d) You agree that we may record and produce transcripts of all or any part of any tutoring sessions and online meeting sessions (including voice chat communications and videos) for quality control, for the professional development of tutors, to improve the Services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We reserve the right to review the tutoring sessions and online meeting sessions for any purpose. You agree that we own all transcripts and recordings of such tutoring sessions and online meeting sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings. &nbsp. (e) We reserve the right, but do not have an obligation, to (i) monitor or review all content and materials posted to the Site or through the Services or (ii) refuse to post or to remove any content or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. 6.           &nbsp. Certain Obligations and Prohibitions (a) Any commercial distribution, publishing or exploitation of the Site or any Company Content is strictly prohibited. Except as expressly permitted by these Terms or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works of, sell or otherwise exploit the Site or any Company Content. &nbsp. (b) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or the Services any content, materials, or code which (i) restrict or inhibit any other user from using and enjoying the Site or the Services, (ii) are fraudulent, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. &nbsp. (c) You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, the Services, or Company Content, or make unauthorized use thereof. (d) You agree to not use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests. &nbsp. (e) You agree that you will treat our tutors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your tutor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any tutor and agree that if any online tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site, the Services, or information offered on the Site to recruit, solicit, or contact in any form our tutors for employment or contracting for a business not affiliated with us without our advance written permission. &nbsp. (f) You agree to not engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for the Services, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Services, including but not limited to any information residing on any server or database connected to the Site or the Services. &nbsp. (g) You agree that, while using the Site or the Services, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity. (ii) insert your own or a third party's advertising, branding or other promotional content in the Company Content, the Site, or Services. or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site. &nbsp. (h) If you misuse the Site or Services, are in breach of these Terms or applicable law, are an infringer of intellectual property rights, or behave in any way that we regard as inappropriate or unlawful, we may investigate, suspend, or terminate your account, and we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution. You may not continue to use the Site or the Services after we have terminated or suspended your access to the Site or the Services. &nbsp. (i) If you use, or assist another person in using, the Services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge). You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs. &nbsp. 7.           &nbsp. Private or Sensitive Information on Public Forums We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums. &nbsp. 8.           &nbsp. Copyrights and Copyright Agent We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) a notice with the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. b. A description of the copyrighted work or other intellectual property that you claim has been infringed. c. A description of where the material that you claim is infringing is located on the Site (and such description must be reasonably sufficient to enable us to find the allegedly infringing material). d. Your address, telephone number, and email address. e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. and f. A statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at: Copyright Agent Tutor.com, Inc. 110 E. 42nd Street, 7th Floor New York, NY 10017 legal@tutor.com &nbsp. 9.           &nbsp. Links (a) You may be able to link from the Site to third party websites and third party websites may link to the Site. Our tutors may also send you links to third party websites. You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through third party websites. Links to third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. &nbsp. (b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or the Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Site on another website, for any purpose, including but not limited to posting such images on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you. &nbsp. 10.         &nbsp. Disclaimer of Warranties (a) THE SITE, THE SERVICES, AND THE COMPANY CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR DOWNLOADING ANY COMPANY CONTENT FROM THE SITE. (b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from our tutors (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR THE SERVICES. 11.         &nbsp. Limitation of Liability (a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR THE COMPANY CONTENT, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW. (b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, THE SERVICES, OR THE COMPANY CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE SERVICES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. &nbsp. 12.         &nbsp. Indemnification You agree to indemnify, defend and hold harmless the Protected Parties, from and against all losses, expenses, damages, liabilities, costs, claims and demands, including reasonable attorney's fees, due to or arising out of any User Content or Submitted Materials you submit, post to, email, or otherwise transmit to us or through the Services, your violation of law, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses. &nbsp. 13.         &nbsp. Local Laws. Export Control We control and operate the Site and Services from our offices in the United States of America. We do not represent that materials on the Site or the Services are appropriate for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable, including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site or the Services. It is your responsibility to ensure that you comply with U.S. law in this regard. &nbsp. 14.    &nbsp. Changes to Site and Services We may terminate, change, suspend or discontinue any aspect of the Site or the Services at any time. &nbsp. 15.         &nbsp. Changes to Terms of Use We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Site or the Services after any changes to these Terms are posted will be considered acceptance of those changes. &nbsp. 16.         &nbsp. General These Terms comprise the entire agreement between you and us concerning the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign these Terms to any person or entity without your consent. You may not assign these Terms without our prior written consent. The laws of the State of New York will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. If there is any litigation between us and you, you hereby irrevocably consent to the exclusive jurisdiction of federal or state courts located in New York, New York, and you hereby waive any claim of improper venue and any claim that such courts are an inconvenient forum. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Sections 2, 4-6, 9-13, 16 and any other provisions of these Terms which would be expected to survive the termination or expiration of your relationship with us will so survive.