2. mySTEMtutor.com is Only a Venue; Be Cautious!
This Site is a communications platform for facilitating the connection between our clients (who typically are parents seeking tutoring services for their children) (“CLIENTS”), and bright capable individuals (who typically are hard-working students seeking to provide some tutoring services for a little extra cash) who have met our criteria (“TUTORS”). Our Site and Services promote CLIENTS and TUTORS finding each other, enabling interaction between CLIENTS and TUTORS such as arranging, scheduling and paying for one hour sessions during which a TUTOR tutors the CLIENT or a single other individual designated by CLIENT (each a “Tutoring Session”). While we take great pride in our TUTORS and are grateful for our CLIENTS, we do not guarantee or warrant and make no representations regarding the reliability, quality, suitability, danger or criminality of any user of our Site and Services, CLIENTS and TUTORS included. When interacting with an individual (be it a CLIENT or TUTOR), you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By visiting the Site and using the Services, you agree to hold TTG free from the responsibility for any liability or damage that might arise directly or indirectly out of or in connection with your interactions on the Site and offline with any individual with whom you have interacted through the Site. TTG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE (INCLUDING ALL CLIENTS AND TUTORS), AND TTG WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THIS SITE OR THE SERVICES OR AS A RESULT OF YOUR INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES.
5. Use of Site/Services; General “Dos and Donts”
Subject to our rules, CLIENTS may use our Site and Services to: peruse our featured TUTORS and (we hope) find someone to their liking; register with TTG to as a CLIENT; schedule one or more Tutoring Sessions; arrange for payment; submit reviews of TUTORS; and process cancellations and substitute TUTORS.
Subject to our rules, TUTORS may use the Site and Services to: become registered as TUTORS whom we feature on our Site; maintain their “good standing” to continue being so featured on the Site; publish biographical information touting their areas of knowledge, educational credentials and tutoring experience (in the hopes of attracting interested CLIENTS); indicate days and times when they can schedule and perform Tutoring Sessions; review a CLIENT’s tutoring progress report prior to a Tutoring Session (or that of another individual a CLIENT designates to receive the tutoring services); indicate the successful conclusion of a Tutoring Session; arrange for payment of fees due for successful Tutoring Sessions; and process cancellations.
General “Dos and Donts”
- Every CLIENT and TUTOR is expected to regularly monitor and review the progress achieved by the individual being tutored;
You will review the “best practices” and recommendations we provide for you (as either CLIENT or TUTOR as applicable) and give full consideration to following our recommendations;
- You will only use the Site and Services for your own use and for lawful purposes; and
- You will not create user accounts under false or fraudulent pretenses.
6. Submission of Your Information; Posted Content
Registration, User ID and Security
There are various areas on the Site where you may submit content via the Site’s interactive features for other Site users (“Posted Content”). For instance, each TUTOR featured on the Site authors a short biographical sketch of herself or himself and highlights educational credentials, current educational status, tutoring experience, and areas of academic strength (each a “TUTOR Bio”). Other Posted Content includes: CLIENT reviews of TUTORS and messages between CLIENTS and TUTORS.
The following rules apply to your submission of Posted Content:
- You are solely responsible for any content that you submit for display on the Site or transmission to other Site users via the Services.
- You agree that you will only provide Posted Content that you believe to be true and not misleading.
- You may not post any content that falsely states or implies that such content is sponsored or endorsed by TTG.
- You will not use or disclose the personally identifiable information of any other user of the Site or person you come into contact with as a result of your use of this Site and the Services for any purposes other than offering or purchasing tutoring services.
- You may not post content on or via the Site that is patently offensive to other users or is discourteous, threatening, abusive, obscene or insulting to other Site users or any other person.
When a Session is scheduled with a TUTOR, you opt-in to receive text messages from TTG, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
7. Intellectual Property Rights
TTG’s Limited License to You
Your License grants to TTG
In addition, you grant TTG, and anyone authorized by TTG, a royalty-free, non-exclusive, worldwide, perpetual, irrevocable license to use, display, copy, modify, transmit, index, categorize, create derivative works from your Posted Content, as modified by TTG in its sole discretion.
You acknowledge that the Site, the technology underlying the Services, and all other software, designs, materials, information, and other data or copyrightable materials, provided to you in connection with the Site or the Services (collectively, the “TTG Content”) are the proprietary works of TTG and/or its licensors and are protected, without limitation, pursuant to U.S. copyright laws. You may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, Services, TTG Content, in whole or in part. You will not, in any manner decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, software, or any other TTG Content of the Site or the Services. You may not store any significant portion of any TTG Content in any form. You may not "mirror" any TTG Content or the Services on any server. Any unauthorized or prohibited use of the Software, other TTG Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
If a TUTOR, you acknowledge that a copy of all documents created by TUTOR or received from or at the direction of TUTOR in connection with her or his registration, the Tutor Bio, the processing of Tutoring Sessions, and the administration of Services performed hereunder (collectively, “Retained Documents”) shall be retained by TTG and may be used for marketing, administrative, litigation and archival purposes. For the sake of clarity, the Retained Documents referred to in this paragraph do not include materials belonging to and used by a TUTOR and solely associated with teaching and tutoring, including reference books, notes, tests, and homework.
9. Disclaimer of Warranties; Release
TTG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE OR THE SERVICES. TTG DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE AND SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES (INCLUDING ANY TUTORS, TUTORING SERVICES, OR CLIENTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, AND (D) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE, SERVICES AND POSTED CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY TTG TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES WILL TTG BE LIABLE IN ANY WAY WHATSOEVER FOR ANY POSTED CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH POSTED CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF AND/OR RELIANCE UPON ANY SUCH POSTED CONTENT. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY POSTED CONTENT, INCLUDING ANY RELIANCE ON THE INTEGRITY AND ACCURACY OF SUCH POSTED CONTENT. WE DO NOT WARRANT THAT OUR SITE CONTENT OR ANY POSTED CONTENT, WHETHER DURING TRANSMISSION VIA THE INTERNET OR WHILE STORED ON OUR SERVERS, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS.
TTG MAY INTRODUCE YOU TO THIRD PARTY CLIENTS OR TUTORS, AS APPLICABLE, FOR THE PURPOSES OF SCHEDULING AND PERFORMING TUTORING SESSIONS. EXCEPT FOR THE LIMITED CHECKS WE RUN ON OUR TUTORS, WE DO NOT ASSESS THE SUITABILITY, QUALITY, LEGALITY, ABILITY OR CRIMINALITY OF ANY TUTOR OR ANY CLIENT OR ANY OTHER USER OF OUR SITE, AND YOU EXPRESSLY WAIVE AND RELEASE TTG FROM ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY INTRODUCED TO YOU, DIRECTLY OR INDIRECTLY, BY THE SITE OR THROUGH THE SERVICES. (REVIEW THE LIMITED CHECKS WE RUN ON TUTORS IN THE TUTOR TERMS AND CONDITIONS.)
TTG WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND OTHER SITE USERS (INCLUDING PARTICULARLY BETWEEN TUTORS AND CLIENTS). RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SITE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.
10. Limitation of Liability
IN NO EVENT SHALL TTG'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU (IF A CLIENT) OR TO YOU (IF A TUTOR) IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL TTG BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). TTG SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES, POSTED CONTENT, INCLUDING BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SITE OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS AND ACCURACY OF A TUTOR BIO, OR AS A RESULT OF ANY INTERACTION, TRANSACTION OR DEALINGS BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY CLIENT, TUTOR, OR OTHER USER OF THE SITE).
BY USING THE SITE AND THE SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT ABOVE AND ELSEWHERE IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICES AND MUST LEAVE THIS SITE.
You may terminate your relationship with us anytime. After becoming a TUTOR or CLIENT, you may terminate anytime by sending a notice of termination to [email protected]. As soon as reasonably practicable, TTG shall cease featuring the Tutor Bio of a terminating TUTOR on the Site; provided, TTG may retain and use materials delivered by TUTOR for marketing, administrative, litigation and archival purposes.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND TTG.
YOU ALSO AGREE THAT BY VISITING AND USING THIS SITE, YOU ARE BOUND TO THESE DISPUTE RESOLUTION TERMS AND YOU AND TTG ARE BOTH WAIVING THE RIGHT TO TRIAL BY JURY. YOU AND TTG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION; CLASS ACTIONS ARE NOT PERMITTED.
For any claim where the total amount of the award sought is $10,000 or less, JAMS, you and TTG must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules, and the hearing (if any) must take place in your choice of the following locations: Los Angeles, CA or New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. TTG will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. For claims totaling more than $10,000, TTG will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
If for any reason a claim proceeds in court rather than in arbitration, you and TTG both waive any right to a jury trial. In the event any of the terms of this Section 12 are held to be unenforceable by a court, then the disputes or claims that would otherwise have been arbitrated shall be exclusively brought in the state courts of the State of California, City of Los Angeles, or the U. S. Federal Court located in the Central District of California, and you and TTG both waive any claim of forum non-conveniens. You and TTG also agree that you or TTG may bring suit in court to enjoin infringement or other misuse of intellectual property rights, provided that such suit and claims may be brought only in the courts identified in the prior sentence.
YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX (6) MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER BY YOU OF ANY RIGHTS YOU MAY HAVE PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM YOU MAY HAVE (AND ANY SUCH CLAIM SHALL BE PERMANENTLY BARRED).
14. Contact and Violations
Last updated on November 27th, 2014.
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