Terms of Service

Effective Date: July, 6th, 2018

TutorWorks, LLC (hereinafter “TutorWorks”, “we” or “us”) provides this website, our tutoring services, and the data, information, tools, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).

This agreement sets forth the legally binding terms and conditions governing your use of the Service.  By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us.  If you do not agree to these terms and conditions, you may not use the Service.

We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise.  Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of this Agreement.

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.

Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

  • Compliant Policy (including Privacy and Trademark)

Eligibility

There are two types of users on the Service: those offering the engagement of their own services (“Providers”) and those seeking to engage Providers (“Customers”, and together with Providers, “Users”).

You must be at least eighteen (18) years old to use the Service as a Customer.  By using the Service, you represent that you meet the applicable minimum age requirement.

Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time.  We reserve the right to amend or eliminate these eligibility requirements at any time.

By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.  You also represent and warrant that you meet the following eligibility criteria:

  • If you are a Provider, you are permitted to legally work within the United States;
  • You are not a competitor of TutorWorks.  

Important Notices

We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that Users will be able to access the Service, or its features, at all times.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current.  We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.

WE HAVE NO RESPONSIBILITY OR LIABILITY RELATING TO ANY PROVIDER SERVICES, ANY CUSTOMER PAYMENT, OR THE ACTIONS OR CONDUCT OF ANY USER.

Offerings, Cancellations and Payments

Customers will be required to pay hourly to access the Services, based upon a menu of services.  When you sign-up for a service, you will granted access to the Services for the length of time identified when you sign-up.  You hereby authorize the company to take payment using the Accuity App pursuant to their terms of services. You will be charged in the amounts and at the times identified in the service selected.

For any service, you agree that your license to the Service is not a service, repair, or maintenance to real or personal property.

Customers may book the services being offered by the Provider, and at that time, will provide information (name, email address, phone number, DOB, contact) on the student that will be receiving the Provider’s services. Customers acknowledge that the company may collect such information subject to the company’s privacy policy.

Either a Customer or Provider may cancel a booking, prior to the commencement of the Provider’s services in accordance with our cancellation policy which requires at least twenty-four (24) hours notice of any cancellation.  NOTE THAT CANCELLATION CHARGES MAY APPLY FOR CANCELLATIONS WITHIN A CERTAIN TIME OF THE SCHEDULED PERFORMANCE BY PROVIDER.

At the time for commencement of performance of the Provider Services, the Provider and Customer shall confirm each other’s presence or availability and the identity of the Client.  If a Client is different from what was booked, the Provider may adjust the pricing of the Provider Services prior to commencement of performance. The Provider and Customer may then proceed with performance.

Either Provider or Customer may end the performance of the Provider Services at any time. However, cancellation services may apply if the customer cancels a prepaid service.

All transactions, once complete, are final, and no refunds are available.

We may use a third-party processor (the “Payment Processor) to bill and remit payments to customers and to draw amounts from customers’ accounts as indicated.  The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor.  You agree to provide us accurate and complete information about you and your chosen payment provider or account (your “Payment Method”), including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. Verification of information may be required prior to the acknowledgment or completion of any transaction.  You authorize us to share such information as well as transaction information with the Payment Processor. You agree to pay us, agree to make payment using that selected Payment Method and you authorize us, through the Payment Processor, to charge your Payment Method. We reserve the tight to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

More information about the permissible range of rates, offering tiers, and our programs can be found by emailing us at [email protected].

Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

  • Is unlawful or encourages another to engage in anything unlawful;
  • Contains a virus or any other similar programs or software which may damage the operation of our or another’s computer
  • Violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
  • Is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You further agree that you will not do any of the following:

  • Breach, through the Service, any agreements that you enter into with any third parties;
  • Stalk, harass, injure, or harm another individual through the Service;
  • Modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
  • Interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
  • Transmit to or make available in connection with the Service any denial of Service attack, virus, worm, Trojan horse, or other harmful code or activity;
  • Attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
  • Take any action that imposes, or may impose, in our sole discretion, any unreasonable or disproportionately large load on our infrastructure;
  • Harvest or collect the email address, contact information, or any other personal information of other users of the Service;
  • Use any means to crawl, scrape or collect content from the Service via automated or large group means;
  • Submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
  • Register for more than one user account; or
  • Impersonate any other person or business.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place to the Service.

We reserve the right, in our sole discretion, to protect our customers from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service.  Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress.  The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) may be protected by U.S. copyright and trademark law.  All product names, names of services, trademarks, and service marks (“Marks”) are the property of TutorWorks, LLC, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections, or modifications) and any and all documentation therefore, are and shall remain our sole and exclusive property or that of our licensors, as the case may be.  This agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Date Collection and Use

You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.

Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time.  Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement.  Further, your representations, defense, and indemnification obligations survive any termination of this Agreement.

Links and Third Party Content

The Service may contain links to other service providers, blogs posts, internet web sites, and/or social media posting.  Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties.  We do not endorse any third party consent that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.

DISCLAIMERS AND LIMITATION ON LIABILITY

EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHARE HOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTIBILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.

THE SERVICE IS INTENDED TO BE USED FRO THE AFOR-REFERENCED ONLY.

USE OF THE SERVICE IS AT YOUR SOLE RISK.  WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE FOR THE PURPOSE OF ACHIEVING YOUR SPECIFIC GOALS. ALL INFORMATION PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SERVICE.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable¸ then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts paid to, or by, you through the Service within the last six months, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us.  This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLIAMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service, (c) your violation of this Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.

Governing Law and Jurisdiction; Arbitration

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the Commonwealth of Massachusetts govern this agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief of statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following email address: [email protected].

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Massachusetts.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You and TutorWorks, LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in class, consolidated or representative action. If for any reason a claim proceeds in court rather than arbitration, both you and TutorWorks, LLC agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator¸ will be strictly confidential for the benefit of all parties.

To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Middlesex County, Massachusetts. YOU HEREBY WAVE ANY OBJECTION TO THIS VENUE AS INCONENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN MASSACHUSETTS.

Policies for Children

The Service is not directed to individuals under the age of 13.  In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children’s Online Privacy Protection Act.  Please see the Federal Trade Commission’s website (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publically available sources.  You may wish to contact your internet service provider for more information.

General

Severability. If any provision of this Agreement is found for any reason to be unlawful, void unenforceable, that that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  

Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.

No Partnership. You agree that no joint venue, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present of future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices.  All notices given by you or required under this Agreement shall be in writing and addressed to: Helen Foudoulis.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.