TutorSource

Introduction and important definitions

The TutorSource website (the "Site"), software, proprietary content, and all services are provided by TutorSource and Revolution Prep to you contingent upon your understanding and acceptance of these Terms and Conditions. You are signifying your understanding and acceptance of these Terms when you register with the Site and when you make use of any services provided by the Site. If you do not agree with these Terms and Conditions or are not legally authorized to make use of the services that the Site provides, you should not use the Site. For the purposes of this agreement, "you" means a student, tutor, or parent or guardian standing in for a minor who uses the Site. If you are a parent or guardian who has granted permission to use the Site to a minor, you agree to stand in for that minor for the purpose of making TutorSource whole in the case of damage or indemnification that could properly lie against that minor if not for his or her age.

Services

Our website provides a platform for our customers to connect with tutors acting as independent contractors. Customers can purchase tutoring hours with any of the tutors on the Site by making payment through the Site. TutorSource is not an agent of and has no authority for either customers or tutors. Tutoring sessions between tutors and customers may be face to face or online and, in either case, it is up to the customer and tutor to make the necessary arrangements and/or to obtain the needed software. As a customer or a tutor, you use the Site and the Service at your own risk.

Additional Costs

You are responsible for any costs associated with completing transactions through the Site and with using the services provided by the Site, including hardware, software, telephony, and transportation costs. TutorSource will not be held responsible for damages to any hardware or software resulting from your use of the Site.

Purchases and Billing

When you purchase a tutoring program with a tutor on the Site, you must pay the full amount of the program prior to beginning any lessons with the tutor. The amount that you pay for a program is the product of the number of hours in the program and the hourly rate for the program. The program’s hourly rate is the tutor’s base tutoring rate adjusted by any discounts that the tutor has applied to the program and with the addition of an admin fee charged by TutorSource. This admin fee represents a fraction of the tutor’s discounted rate.

Any tutor has the right to decline tutoring – should this happen, you will be given credit for your purchase to use with another tutor. All sales are final, and TutorSource does not offer refunds for purchased programs, but if you wish to switch tutors before the completion of all hours in a program, you may request a credit refund based upon the amount you paid for the program multiplied by the number of uncompleted hours in the program divided by the total hours in the program. You may then use the credit from the cancelled program to purchase a program with another tutor.

When a tutor who you have purchased a tutoring program from enters notes to indicate completion of a tutoring session, you will have 72 hours in which to dispute the lesson if it did not occur as indicated in your calendar. This dispute must be made through the online TutorSource system. By disputing a session, your tutor’s payment for that session will be suspended and you will be contacted by a member of our customer service team as part of the dispute resolution process. If the dispute resolution process finds that you did not receive adequate tutoring for the session in question, you will receive a credit refund for the cost of the session.

Unless otherwise stated, all amounts are in U.S. dollars.

Other Users

The TutorSource website is not responsible for the conduct of other users of the Site, nor for the content, postings, messages, and links which they post to the Site. Because we do not control content submitted to the Site by third parties, by using the Site you are exposed to the risk of encountering false, offensive, or harmful material submitted or posted by other users. TutorSource is not responsible for any damages or injury resulting from exposure to this material. TutorSource is also not responsible for damages resulting from the conduct of tutors or other users on the Site or elsewhere.

Because the tutors on the Site are independent contractors and are not employees of TutorSource, we cannot monitor or control their behavior. As with all private business transactions, we urge you to use caution when considering which tutors to work with, as we cannot verify their claims or account for their behavior.

Also, at times the Site or its users will provide links to other websites which we do not maintain. TutorSource is not responsible for the safety, accuracy, or appropriateness of the material to be found through these links.

Conduct

You shall only access and use the Site for lawful purposes. As a user of the Site, you agree to act in full compliance with the laws, rules and regulations of the United States. You shall comply with all reasonable requests of the Company necessary to the performance of the Company’s duties under this agreement.

You agree that you will not use the Site for any reason other than to find, deliver, or obtain educational instruction. You agree that you will not use the Site to post advertisements for other businesses and that you will not post or display spam or any material that is false, hateful, inflammatory, obscene, offensive, libelous, defamatory, or racially, ethnically or otherwise objectionable, or otherwise unlawful; nor will you intimidate or harass, or advocate harassment of, another. You further agree not to interfere with any other customers or tutors in their use of the Site or to hinder or disrupt the services or communications of the Site. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You further agree not to upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Finally, you represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, patent, trademark, privacy, publicity or other personal or proprietary rights.

You agree to only purchase tutoring from tutors on the Site through the methods provided by the Site. You will not attempt to pay tutors directly or to offer compensation in any way that does not involve submitting payment through the Site. In addition, you will not attempt to hire tutors you found on the Site to perform separate contracts in which they are not paid through the Site or to proposition tutors to perform any other educational work that is not through the Site.

Additional User Representations

By using the Site, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Site only as set forth in these Terms and Conditions; and (iv) are thirteen years of age or older to register on the Site. If you are under the age of 13, you are not allowed to register for programs or services on the Site and you must ask your parent or guardian to register on your behalf.

Account Information

You certify that the information which you provide to the Site for registration purposes is current, complete, and accurate. You also agree to update this information in a timely and accurate manner as it changes. When you register on the Site to become a tutor or a customer, you will be asked to choose a password. You acknowledge that the sole responsibility for maintaining the confidentiality of your access information lies with you and you understand that TutorSource does not keep a record of your password. You agree to sign out every time you leave the Site and, in the event that you suspect that your account information has been compromised, you agree to notify TutorSource immediately. You understand and agree that we are not responsible for any damages that may occur as a result of someone else accessing your account but that you may be responsible for damages to us or any other parties should someone else access the Site using your account information. You furthermore agree not to use the account, username, or password of another user at any time. Your username and password are not transferable.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("User Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for each individual item of User Content that you post, email or otherwise make available via the Web site. You understand that the Company does not control, and is not responsible for, User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is inaccurate, misleading, incomplete, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will the Company be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available via the Web site. You acknowledge that the Company does not pre-screen, monitor or approve User Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any User Content that is available via the Web site, for violating the letter or spirit of these Terms of Use or for any other reason.

The Company does not claim any ownership rights in any User Content. By posting User Content to any part of the Site, you understand that any documents, files, or other content which you submit to the Site is non-confidential and may be used by the Company for any purpose, and you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, publish, display, reformat, excerpt (in whole or in part) and distribute such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire.

You agree not to reproduce, use, sell, rent, store, reverse-engineer, or distribute any content owned by TutorSource or any other users of the Site except when specifically authorized by TutorSource or the owner of the content. This includes software, trademarks, licenses, files, images, logos, and proprietary processes.

Ownership of Intellectual Property

The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site and all modifications and derivative works thereof, and all intellectual property rights related thereto. The trademarks, logos and service marks ("Marks") displayed on the Site, including without limitation the TutorSource name and logo, are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Site for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.

Communications On Internet; Events Beyond Our Control

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While the Company has endeavored to create a secure and reliable Site, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company cannot guarantee your ability to access the Site at all times, or that the Site will be secure, uninterrupted, or error-free, nor can the Company provide assurances that transactions will be completed properly. The Company is not responsible for failure to receive a communication or technical problems that may hinder the efficacy of a transaction. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of the customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

Termination

We reserve the right to suspend or terminate your account at any time without notice and may also ban your use of the Site at any time without notice and with no explanation necessary. Additionally, either party may terminate these terms by providing notice, upon which the termination will be effective immediately. If termination occurs, the disclaimer of warranties, limitation of liability, indemnification, and content agreements will endure. Should termination occur, you agree to delete or destroy all content from the Company and the Site.

Indemnification

You shall indemnify, defend and hold harmless the Company, its officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an "Indemnitee") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement (b) your use of the Site and any transaction or other activity that arises from or is otherwise related to the Site; (c) any credit-card payments to the Company that are reversed; (d) any and all claims, demands, legal action or judgments arising out of or relating to any use of the products or services you purchase from the Company; and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

Data Rights

Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses, and/or payment information, and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy.

Changes

We may change or terminate any and all services offered by the Site for any reason at our sole discretion without notice. We may also modify or eliminate content, pricing systems, or any other features of the Site, and you agree that we will not be liable for altering or eliminating any aspect of the Site or the services which we provide.

We may change these terms at any time without notice at our sole discretion by updating this web page, and users of the Site are deemed to be apprised of and bound by any changes to these terms. The most recent update to this web page will always supersede previous versions of the terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TUTORSOURCE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OR MERCHANTABILITY OF THE PRODUCTS OR SERVICES REFERRED TO ON THIS WEB SITE. ALL INFORMATION ON THE WEB SITE IS PROVIDED TO YOU "AS IS, AS AVAILABLE." TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, ARE HEREBY EXCLUDED.

The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than the Company. Use of the Site is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Site will be uninterrupted or error free or that errors will be corrected.

IN NO EVENT SHALL TUTORSOURCE BE LIABLE FOR ANY DAMAGE TO HARDWARE OR SOFTWARE BY ANYONE ACCESSING THIS WEB SITE; OR FOR LOSS OF BUSINESS OR PROFITS; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES; OR FOR CLAIMS OF DAMAGES MADE BY ANY PARTY USING THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION.

Miscellaneous

To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.