The following terms and conditions (the “Terms and Conditions”) govern your use of any of our website(s) and service(s). By using the services of Tutorly, you, the Student, acknowledge, accept and agree to the following Terms and Conditions. If you are under the age of eighteen (18), you must review these Terms and Conditions with a parent or legal guardian. To utilize our website(s) and services, your parent or legal guardian must also acknowledge, accept and agree to the following Terms and Conditions. “You” refers to the Student, Parent(s), and Guardian. “We”, “ours”, refers to Tutorly and any of its directors, employees, contractors, or agents.
Tutorly’s services are provided for the purpose of facilitating learning. You will not engage in any form of academic dishonesty (for example, asking tutors to complete assignments or examinations or completing work in violation of academic policies of a school or academic institution).
Tutoring sessions may be recorded for quality control and to ensure the safety and professionalism of our online tutoring experience. You agree that you will treat our online tutors and instructors with respect and not use obscenities in the online classroom. You will not make threats, harass, 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 online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, social security number, or any other information. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor 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 or the products, services, and information offered on the Site to recruit, solicit, or contact in any form tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission
Users agree to pay for the cost of Tutorly’s services prior to the beginning of our furnishing service. If the student initiates cancellation at least 24 hours prior to the scheduled session, the amount will be fully refunded to the card used for payment. We do not provide refunds for cancellations outside of the 24 hour notice period.
Tutorly will handle all payments to tutors. You are not allowed to give any gifts of any kind to tutors. Your appreciation can be most appropriately shared through a strong testimonial and/or by recommending Tutorly to others.
Any information you provide to Tutorly will be used solely to inform you of our services and to improve the student experience. We do not sell your personal information to outside parties.
We own solely and exclusively or are authorized to use, all rights, title and interest in and to the Site and all the content within and utilized in tutoring sessions, including but not limited to audio, photographs, illustrations, graphics, other visuals, video and copy, software, code, data, and the look and feel, design and organization of the Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant to you ownership or any right to use of any content, software, code, data or materials for any purpose outside of our agreement.
You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. The Site and the products and services offered on or through the Site, including any content and materials on the Site, 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.
Trademarks, logos, service marks and trade names (collectively the “Trademarks”) that are ours or Trademarks of any third party displayed on the Site or on content available through the Site may not be used unless authorized by us.. 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.
Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our site, (“Submitted Materials”) will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, 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 such material (in whole or part). We are not responsible for maintaining any Submitted Material that you provide to us and we may delete or destroy any such Submitted Material at any time.
You agree that we may record all or any part of any live online tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that we own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or forwarded to us by you; (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. 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 cooperate with our defense of such claim.
THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS 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 YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 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 INSTRUCTORS AND 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 OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, 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. 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. 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, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE PERIOD PRECEDING YOUR CLAIM.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability. We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
These Terms and Conditions comprise the entire agreement between you and us concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions 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 and Conditions remain in full force and effect.