Tutor Finder USA Inc. Terms of Use Date of Last Revision: September 23, 2007
Welcome to TutorFinderUSA.com, a website that connects tutors with students. The TutorFinderUSA.com service and network (collectively, "TutorFinderUSA.com" or "the Service") are operated by Tutor Finder USA, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.tutorfinderusa.com, or using any printed materials provided by Tutor Finder USA, Inc., you (the "User") signify acknowledge that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of TutorFinderUSA.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of and acknowledgement of the ?new? Terms of Use. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with TutorFinderUSA.com in any way, your only recourse is to immediately discontinue use of TutorFinderUSA.com. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 years of age or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Registration Data; Account Security In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current within thirty days and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Proprietary Rights in Site Content; Limited License All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. User Agreement
User agrees with TutorFinderUSA.com NOT to use the TutorFinderUSA.com Service for any of the following actions. Any commission of the listed prohibited acts will result in immediate termination of access to this site. Tutor Finder USA reserves all rights and remedies in the event of breach of this contract and commission of any of the following prohibited activities: User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site for the following: Content The Tutorfinderusa.com website is a communications platform for enabling the connection between individuals seeking tutoring services ("Tutor Seekers ") and/or individuals providing tutoring services ("Tutors"). Tutorfinderus.com does not take part in the interaction between Tutor Seekers and Tutors except to collect payments on the behalf of Tutor Seekers and Tutors for venue services through the Site. Users do hereby represent, understand and expressly agree that tutorfinderusa.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tutors, nor of the integrity, responsibility or any of the actions whatsoever of the Tutor Seekers. Tutorfinderusa.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Tutors or Tutor Seekers through the Site whether in public, private or offline interactions. Tutorfinderusa.com does not assume any responsibility for the accuracy or reliability of any information provided by Tutors or Tutor Seekers on this Site. Tutorfinderusa.com does not assume and expressly disclaims any liability that may result from the use of this information. Tutorfinderusa.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including both Tutor Seekers and Tutors do hereby expressly agree not to hold Tutorfinderusa.com (or Tutorfinderusa.com 's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and Tutorfinderusa.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. Furthermore, the TutorFinderUSA.com site and Content available through the Service may contain links to other websites, which are completely independent of TutorFinderUSA.com. TutorFinderUSA.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TutorFinderUSA.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. TutorFinderUSA.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason. Third Party Websites and Content The TutorFinderUSA.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of TutorFinderUSA.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TutorFinderUSA.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TutorFinderUSA.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TutorFinderUSA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Privacy TutorFinderUSA.com has established a Privacy Policy to explain to users how their information is collected and ,used and protected, which is located at the following web address: http://www.tutorfinderusa.com/privacy.html Your use of the TutorFinderUSA.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that TutorFinderUSA.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TutorFinderUSA.com, its users or the general public. Disclaimers
1. TutorFinderUSA.com is not responsible for any incorrect or inaccurate Content posted on the TutorFinderUSA.com Website or in connection with the TutorFinderUSA.com Services, whether caused by Users of the TutorFinderUSA.com Services or by any of the equipment or programming associated with or utilized in the TutorFinderUSA.com Services. Profiles created and posted by Members on the TutorFinderUSA.com Website may contain links to other websites. TutorFinderUSA.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TutorFinderUSA.com. Inclusion of any linked website on the TutorFinderUSA.com Services does not imply approval or endorsement of the linked website by TutorFinderUSA.com. When you access these third-party sites, you do so at your own risk. All Parents or Guardians are directed to make their own investigation and use caution in release of any private information submitted to any member of this site. Parents and Guardians are also directed to make every step prescribed on this site and use caution in dealing with any Tutor in person. No minor child should be left unattended and no tutoring should be permitted without adult supervision. TutorFinderUSA.com takes no responsibility for third party advertisements which are posted on this TutorFinderUSA.com Website or through the TutorFinderUSA.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. TutorFinderUSA.com is not responsible for the conduct, whether online or offline, of any User of the TutorFinderUSA.com Services. TutorFinderUSA.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TutorFinderUSA.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TutorFinderUSA.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TutorFinderUSA.com Services. Under no circumstances shall TutorFinderUSA.com be responsible for any loss or damage, including personal injury or death, resulting from use of the TutorFinderUSA.com Services, from any Content posted on or through the TutorFinderUSA.com Services, or from the conduct of any Users of the TutorFinderUSA.com Services, whether online or offline. The TutorFinderUSA.com Services are provided "AS-IS" and as available and TutorFinderUSA.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TutorFinderUSA.com cannot guarantee and does not promise any specific results from use of the TutorFinderUSA.com. TutorFinderUSA.com will not be involved in any tutor-student interactions in any subject. TutorFinderUSA.com is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after tutor-tutee interaction. TutorFinderUSA.com is not responsible for the accuracy or legitimacy of the information provided by registered tutors, trainers, and instructors, and Users are required to verify all the information provided by Tutors prior to commencing tutoring. This site is provided on an "AS IS" basis and TutorFinderUSA.com disclaims all responsibility for any loss, liability, injury, claim, or damage of any kind resulting from any errors in this website and its content including, but not limited to, typographical and technical errors and inaccuracies. TutorFinderUSA.com disclaims all responsibility with regard to third party websites or their content, that might be accessed directly or indirectly through links in this site. Limitation on Liability IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provision of this Agreement, and they shall be given effect without the invalid provisions if to do so would not substantially frustrate the expectations of the parties hereto. This Agreement shall not be amended except by written agreement agreed by both parties. Termination The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. Governing Law; Venue and Jurisdiction By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. Arbitration YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through TutorFinderUSA.com may be arbitrated. Any dispute or controversy arising among the parties hereto regarding any term, covenant or condition of this agreement or the breach thereof shall, upon written demand of any party hereto, be submitted to and determined by arbitration before the American Arbitration Association, in White Plains, New York, by a panel of three arbi?trators, in accordance with the rules of the Association then in effect. Any awarded rendered shall be made by means of a written opinion explaining the arbitrators' reasons for the award. The arbitrators may not amend or vary any provision of this agreement. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose. Indemnity You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Other These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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