(1) Access and Use of the Services
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. TutorTree may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
(1.1) User Generated Content
TutorTree permits Users to submit, upload, publish or otherwise make available through the Services textual, audio, and/or visual content and information including commentary and feedback related to Services (“User Content”). USER CONTENT MAY NOT INCLUDE ANY OFFENSIVE, INACCURATE, INCOMPLETE, ABUSIVE, OBSCENE, PROFANE, INTIMIDATING, RACIALLY OFFENSIVE, PORNOGRAPHIC, LIBELOUS, THREATENING, HARASSING, OR ILLEGAL MATERIAL, OR ANY MATERIAL THAT INFRINGES OR VIOLATES ANOTHER PERSON’S RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS, AND RIGHTS OF PRIVACY AND PUBLICITY), AS DETERMINED BY TUTORTREE IN ITS SOLE DISCRETION, WHETHER OR NOT SUCH MATERIAL MAY BE PROTECTED BY LAW. TutorTree reserves the right to immediately review, monitor, or remove User Content at TutorTree’s sole discretion and at any time for any reason, without notice to you.
(1.2) User Accounts
For use some of its Services TutorTree requires User submit information pertaining to User that may include name, email addresses, passwords, phone number, and/or registration codes (“User Account”). User agrees to maintain accurate information and failure to do so may result in loss of some or all access to Services. User agrees to maintain one account representing only themself and is responsible for all activity that occurs under User’s account. Furthermore User agrees to maintain the secrecy of their account and all information submitted therein at all times.
(1.3.1) User Requirements and Conduct
User is required to conduct themselves in accordance with all the terms of this agreement while using Services and may not use Services in any manner that could cause damage, render unusable, impair, or otherwise negatively affect TutorTree or other Users. User agrees to comply with all applicable laws when accessing or using the Services, and may only access or use the Services for lawful purposes.
(126.96.36.199) Honor Code
Furthermore User agrees to conduct themselves in accordance with the Honor Code, Code of Conduct, Ethical Code of Conduct or other moral guidelines outlined by their institution (“Code of Conduct”), collaborative, or groups to which the User belongs while accessing Services. User agrees to not submit any User Content as outlined in (1.1) User Generated Content that would violate their Code of Conduct.
(188.8.131.52) User Rights
User has the right to cancellation of Services at any time and for any reason. User has the right to refuse disclosure of any and all personal information if requested by another User. User may refuse at any time to provide TutorTree with any information but User understands this may result in interruption or cancellation of access to some or all of Services.
(184.108.40.206) User Conduct
Users agree they are solely responsible for interactions that occur within Services or from meetings, sessions, or interactions resulting from Services. USER UNDERSTANDS THAT TUTORTREE DOES NOT CONDUCT BACKGROUND CHECKS BUT RESERVES THE RIGHT TO DO SO AT ANY TIME. WITHOUT REASON, AND WITHOUT NOTICE. USER UNDERSTANDS THEY MAY BE REMOVED FROM SERVICES FOR ANY REASON AT THE SOLE DISCRETION OF TUTORTREE. TUTORTREE ATTEMPTS BUT IS NOT REQUIRED TO VERIFY COMPETENCY OR QUALIFICATIONS OF USERS. Users are encouraged to notify TutorTree of any instances that make User uncomfortable, harassed, discriminated or otherwise unsatisfied. TutorTree offers no guarantees of satisfaction but agrees concerted effort to remedy experience when deemed appropriate at the sole discretion of TutorTree.
Through access of Services Users that submit and register information to tutor, teach, educate or otherwise be represented as available to Tutor (“Tutor”) with TutorTree understands and agrees their public profile is available to any other User and that it is their responsibility to hold all account information accurate and up to date and pertaining only to themselves. TutorTree offers no guarantees that Tutor’s will be contacted for tutoring or that their profile will be viewed at any time by any User. Tutor agrees that all information they submit will not violate any part of this Agreement and that all qualifications or other information they use to represent themselves is true and not falsified in any manner. TutorTree has the right to request verification of any and all aspects of Tutor’s account at any time.
(220.127.116.11) Tutor Conduct
Tutors inherit all requirements and agreements set forth for Users and as such agrees to all aspects of this Agreement. Furthermore Tutors agree to conduct tutoring sessions in a safe and respectful manner. Tutors agree to respect the needs of Users and to the best of their ability ensure the educational, individual, moral, and personal success of Users while accessing any part of Services including during sessions or meetings resulting from the use of Services.
(18.104.22.168) Tutor’s Rights
Tutors reserve the right to refuse to meet with Users for any reason deemed in compliance with this Agreement. Tutors have the right to refuse to disclose their personal information to Users and reserve all other rights granted Users as outlined in this Agreement.
(22.214.171.124) Applicable Laws
Tutors understand and agree they are subject to all federal and state laws, specifically in regards to the confidentiality of User information. Tutor agrees they will not disclose any User information to any third party without legal documentation requesting as such and shall deem any and all User information as confidential. Tutors agree to comply with the Family and Educational Rights and Privacy Act.
(1.4) Non-Commercial Use
User agrees to use Services for personal use only. User may not use the Service or any content contained therein including but not limited to, content of Users, data, logos, designs, text, graphics, images, information, video, software, computer code, or any content of Services in connection to commercial applications in any form. Users may not use any information, property, or other aspect of Services for solicitation of Users, advertising, social events, businesses, networking or commercial purposes without express written consent from TutorTree. TutorTree reserves the right to investigate any and all cases of misappropriation of information gained from Services.
(1.5) Network Access and Devices
User is solely responsible for obtaining data network access to use Services and that mobile networks data and messaging rates and fees may apply. User is responsible for maintaining and updating compatible hardware or devices necessary to use Services. TutorTree does not guarantee that any or all parts of Services to function on any particular hardware or devices and that Services may be interrupted or malfunction due to the use of the improper hardware or inefficient access to internet and electronic communications
(1.6) Term and Termination
User agrees this Agreement will remain in full force while User is in usage of Services or maintains an account with TutorTree. Termination of access to Services may occur at any time at the sole discretion of TutorTree if User is found in breach of this Agreement or for any other reason, with or without cause. Upon termination TutorTree offers no guarantees of refunds for Services rendered. TutorTree is not required to disclose the reason for termination and may be prohibited by law from doing so.
(2.1) Collection of Personal Information
User understands that by engagement in Services some amount of personal information is collected to ensure functionality of Services. This decision is voluntary and in accord with this Agreement. The users location may also be collected in addition to certain metrics to provide the User with some or all features of the Services. TutorTree may also collect email addresses or other parts of personal information in order to verify eligibility to use Services. User understands that some information such as availability, class enrollment, or other pertinent information may be used by TutorTree for billing, assessment, and other purposes necessary for functionality of Service. User agrees to provide complete and accurate information and if at any time TutorTree discovers falsified information User will be in violation of this Agreement and may be subject to immediate removal from Services.
(2.3) Reviews and Feedback
TutorTree collects certain information regarding reviews of Users, Services, or other User generated feedback through use of Services (“Feedback”). In accordance with this Agreement User understands TutorTree may publish, submit, or otherwise disclose the contents of Feedback wherever TutorTree deems appropriate with express written permission from the author or User of Feedback.
(2.4) Protection of Information
TutorTree agrees to attempt to secure User Data and take precautions to do so within the reasonable parameters to be solely determined by TutorTree. TutorTree cannot guarantee the security of all information and User agrees to take responsibility for the security of their network, data, and mobile or other hardware usage.
User understands and agrees that use of the Services may result in charges for goods or services received (“Payment”). Payment through Services include but are not limited to ApplePay, Venmo, banknotes or coins, or other legal monetary method of exchange. Payment will be inclusive of applicable taxes and fees where required by law and may include other fees including booking fees, processing fees, cancellation fees or any of the aforementioned for split Payments. TutorTree agrees to make visible and/or disclose any and all charges before User accepts Payments. Payment is at the sole voluntary discretion of User and all Payments are final and non-refundable, unless otherwise determined by TutorTree.
Charges to User may include Payments to Tutors or TutorTree in the form of booking fees, processing fees, cancellation fees or other fees deemed appropriate at the sole discretion of TutorTree. User agrees that by utilizing Services and booking session they are required to pay all costs associated with tutoring sessions. TutorTree agrees that Payments are not a necessary condition for use of services and that User will never be charged without having been given express consent in Services. User has the right to dispute any charge and is encouraged to contact TutorTree at email@example.com to do so.
TutorTree retains the right to deny refunds for any reason but may offer refunds in cases of cancellations, unsatisfactory service, or other scenarios User may propose. User agrees that cancellation fees may apply due to the nature of scheduling another Users time and limiting their availability. In cases where User deems Service unsatisfactory TutorTree will agree to investigate and offer refunds and/or credit toward Services in response if deemed appropriate at the sole discretion of TutorTree. Refunds processed will be in monetary or credit value less than or equal to the amount paid for each Payment.
TutorTree offers no guarantees, whether express or implied, of Users experience through use of Services regardless of any prior agreements or statements. TutorTree makes no guarantees as to the the usefulness, quality, competency, accuracy of information of services provided by Tutors, Users, or TutorTree. TutorTree makes no guarantees to the duration, interruption, security, or accessibility of Services or Users. User agrees that unsatisfactory service may be disputed for refund of Services but that TutorTree makes no guarantees as such or outlined as such in this Agreement. User assumes all risk involved if payment information is given outside of Services and is encouraged to use the payment methods available in Services. TutorTree offers no guarantees when User does not take necessary precautions to protect their data, in particular data pertaining to payment information.
(4) Disclaimers; Limitation of Liability; Indemnity; Arbitration and Governing Law (4.1) Disclaimer
TutorTree makes no representation, warranty, or guarantee regarding the quality, timeliness, suitability or availability of the services or goods requested through the use of Services, or that Services will be uninterrupted or error-free. TutorTree does not guarantee the the quality, suitability, safety or ability of third party providers. User agrees that the entire risk resulting from use of Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
(4.2) Limitation of Liability
TutorTree shall not be held liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of Services or in connection with any use of Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of TutorTree even if TutorTree has been advised of the possibility of such damages.
User agrees to indemnify and hold TutorTree and its employees or affiliates harmless from any and all claims, demands, losses, liabilities and expenses resulting from either connection to use of Services, breach of violation of these Terms, or TutorTree’s use of User Content.
(4.4) Arbitration and Governing Law
By Agreement to these Terms you are required to resolve any claim against TutorTree on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against TutorTree, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against TutorTree by someone else. User acknowledges and agrees that User and TutorTree are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Arbitration will be administered by the American Arbitration Association (“AAA”). In the event that this arbitration is held unenforceable, any litigation against TutorTree may be commenced only in the federal or state courts located in Lane County, Oregon.
(5) Other Provisions
These Terms outline the entirety of the Agreement between User and TutorTree regarding use of Services. If any provision of this agreement is held invalid, the remainder of these Terms shall be held fully enforceable and in effect. In the event that TutorTree fails to exercise or enforce any part of this agreement no waiver of right or provision shall be constituted
(5.2) Claims of Copyright Infringement
Copyright Infringement claims should be sent to a representative at TutorTree by contacting firstname.lastname@example.org
TutorTree has the right to give notice of change of Services or any part of these Terms by email, text message or telephone to any personal phone number or email address supplied in conjunction with use of Services. Such notice shall be deemed delivered upon expiration of 48 hours after notice.
These Terms and Conditions, and any content therein are subject to change by TutorTree at any time for any reason at the sole and absolute discretion of TutorTree.