If someone else is paying for (or authorizing) Your tutoring account, you agree to print this document and hand it to them.
Through Our services, Site, Mobile Application, and software, We enable users to connect with tutors (‘Tutors’) who provide live, one-to-one instruction, tutoring and learning services (Tutoring Sessions). You are solely responsible for all service, telephony and/or other fees and costs associated with Your access to and use of Our services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
The parties to this Agreement (the “Agreement”) are You, (hereinafter “You” “Your” or the “User”), and MY TUTOR LAB LLC, (hereinafter “We,” “Our,” or “Us”).
2.3 This Agreement is subject to change by Us at any time for any reason and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website and/or Mobile Application, or by sending an email from MY TUTOR LAB LLC, to the email address associated with the User account.
You agree to not do any of the following:
You agree, warrant and covenant to use the Website and/or Mobile Application in accordance with the following Code of Conduct and You agree and acknowledge that in Our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website and/or Mobile Application for violating these provisions:
MY TUTOR LAB LLC does not guarantee that you will be able to access or use any or all parts of this Website and/or Mobile Application, and you agree that MY TUTOR LAB LLC shall have no liability to you whatsoever for any such inaccessibility. News Archives, along with any other feature or benefit of this Website and/or Mobile Application, may become permanently inaccessible for any reason and you agree that MY TUTOR LAB LLC shall have no liability to you whatsoever for any such inaccessibility.
The Website and/or Mobile Application may also collect data that cannot be traced back to a specific individual (hereinafter the “Anonymous Information”). For example, MY TUTOR LAB LLC, may be able to keep count of how many Users have viewed the Website and/or Mobile Application and specific content therein, or key words utilized to find the Website and/or Mobile Application, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website and/or Mobile Application but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by MY TUTOR LAB LLC, from anonymous Users. The Website and/or Mobile Application may use browser cookies to collect Anonymous Information. The Website and/or Mobile Application may also incorporate web beacons or similar tracking technologies to allow MY TUTOR LAB LLC, to track how the Website and/or Mobile Application is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, MY TUTOR LAB LLC, may, either directly or through a third party, track Users’ conduct on the Website and/or Mobile Application, including, without limitation, areas of the Website and/or Mobile Application visited, topic(s) viewed, most popular pages of the Website and/or Mobile Application, Users’ Internet connection type and browser use MY TUTOR LAB LLC, may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and/or Mobile Application and services
Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant MY TUTOR LAB LLC, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, Your Personal Information. We gather and use information as follows: We will receive and store any information You enter on the Website and/or Mobile Application or give us in any other way that personally identifies You to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact You when needed. By submitting this personally identifiable information to Our Website and/or Mobile Application You agree to receive email and postal mail from MY TUTOR LAB LLC. You further understand and agree that by using these services, You are extending an express invitation for MY TUTOR LAB LLC, to contact You by telephone at the numbers You have provided and You hereby consent to any such calls even if Your phone numbers is on any federal state or other do not call lists. We believe in 100% permission based marketing members always have the option to unsubscribe link at the bottom of these emails by clicking on the sample unsubscribe link at the bottom of these emails. Users also have the options of completely removing their information from Our database by submitting the request at WWW.MYTUTORLAB.COM. Please, note that user information may be cached in search engine indexes after removal and that this Website and/or Mobile Application and MY TUTOR LAB LLC, has no control over such caching.
As between You and MY TUTOR LAB LLC, You own any and all content that You submit to the Website and/or Mobile Application. You grant MY TUTOR LAB LLC, and its affiliates a right to use, Your content for any and all MY TUTOR LAB LLC purposes such as advertising.
Please send Us an email through the “Contact Us” section located on the WWW.___________________________.COM site to tell Us about any problems or offensive content so that together We can keep the Website and/or Mobile Application working properly. We may limit or terminate Our service, remove hosted content and/or take technical and legal steps to keep Users off the Website and/or Mobile Application if We think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website and/or Mobile Application or not, We do not accept any liability for monitoring the Website and/or Mobile Application or for unauthorized or unlawful content on the Website and/or Mobile Application or use of the Website and/or Mobile Application by Users.
You acknowledge that MY TUTOR LAB LLC may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website and/or Mobile Application, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website and/or Mobile Application, and the frequency with which You may access the Website and/or Mobile Application. You agree that MY TUTOR LAB LLC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website and/or Mobile Application. You acknowledge that MY TUTOR LAB LLC reserves the right at any time to modify or discontinue the Website and/or Mobile Application (or any part thereof) with or without notice, and that MY TUTOR LAB LLC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website and/or Mobile Application.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post content on the Website and/or Mobile Application on behalf of others. To moderate demands on the Website and/or Mobile Application’s resources, You may not use a Posting Agent to post any content on the Website and/or Mobile Application without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website and/or Mobile Application to facilitate posting content on behalf of others, except with express permission or license from MY TUTOR LAB LLC.
You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site and/or Mobile Application, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
Subject to your compliance with these Terms, We grants You a limited, nonexclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related productss that may be made available through the Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by Us and Our licensors.
15.1 You may not:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE AND/OR MOBILE APPLICATION; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE AND/OR MOBILE APPLICATION OR ANY WEBSITE AND/OR MOBILE APPLICATION OR WEBSITES LINKED TO THIS WEBSITE AND/OR MOBILE APPLICATION, (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE AND/OR MOBILE APPLICATION; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE AND/OR MOBILE APPLICATION; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR MOBILE APPLICATION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE AND/OR MOBILE APPLICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND/OR MOBILE APPLICATION, OR WITH ANY OF THESE TERM OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT USE OF THIS WEBSITE AND/OR MOBILE APPLICATION AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, CONTENT AND MATERIALS ON THIS WEBSITE AND/OR MOBILE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER MY TUTOR LAB LLC’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE AND/OR MOBILE APPLICATION OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE AND/OR MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR MOBILE APPLICATION OR THE SERVERS THAT MAKE THIS WEBSITE AND/OR MOBILE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE AND/OR MOBILE APPLICATION IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER MY TUTOR LAB LLC’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE AND/OR MOBILE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE AND/OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERM OF USE.
Reference to any specific third party platform, products or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or recommendation by MY TUTOR LAB LLC, or its owners. MY TUTOR LAB LLC, encourages You to exercise discretion when browsing the internet. Any link on MY TUTOR LAB LLC Website and/or Mobile Application is provided solely for Your information and as a convenience to You and MY TUTOR LAB LLC and its affiliates make no representation or warranty about the legality of any third party Website and/or Mobile Application nor about its accuracy, content, products or services. Any such Website and/or Mobile Application is independent from MY TUTOR LAB LLC, and MY TUTOR LAB LLC, has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website and/or Mobile Application. A link between MY TUTOR LAB LLC Website and/or Mobile Application and another Website and/or Mobile Application further does not mean that MY TUTOR LAB LLC, endorses, recommends, sponsors or approves that Website and/or Mobile Application. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website and/or Mobile Application. MY TUTOR LAB LLC, expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the MY TUTOR LAB LLC, domain.
You agree to indemnify and hold MY TUTOR LAB LLC, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of Our, guidelines, services, or offerings, Your violation of these Term of Use, or Your infringement, or the infringement or use by any other user of Your account, of any intellectual property or other right of any person or entity. This section shall survive the termination of this Agreement.
You may terminate or stop using Our services at any time. MY TUTOR LAB LLC, may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at Our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website and/or Mobile Application (or any part thereof), immediately and without notice, and remove and discard any content within the Website and/or Mobile Application, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website and/or Mobile Application. Further, You agree not to attempt to use the Website and/or Mobile Application after said termination.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Florida. Any disputes relating in any way to Your use of MY TUTOR LAB LLC Site and/or Mobile Application and its content, guidelines, and services shall be submitted to confidential & binding arbitration in, except to the extent that You have in any manner violated or threatened to violate MY TUTOR LAB LLC, intellectual property rights. MY TUTOR LAB LLC, may seek injunctive or other appropriate relief in any state or federal court in the state of Florida and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If We don’t enforce any particular provision, We are not waiving Our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website and/or Mobile Application or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website and/or Mobile Application. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part the obligations as set forth in this Agreement, then MY TUTOR LAB LLC and the Site and/or Mobile Application shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make MY TUTOR LAB LLC or the Site and/or Mobile Application liable to You.
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us, Our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Us by submitting an e-mail through the “Contact Us” section located on the WWW.MYTUTORLAB.COM site.
MY TUTOR LAB LLC, undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. MY TUTOR LAB LLC, undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although MY TUTOR LAB LLC is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.
Please send questions, comments or complaints (“Contributions”) to WWW.MYTUTORLAB.COM by submitting an e-mail through the “Contact Us” section. By submitting ideas, suggestions, documents or proposals to MY TUTOR LAB LLC, through its suggestions or feedback Web Pages, You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) MY TUTOR LAB LLC, is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) MY TUTOR LAB LLC, shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) MY TUTOR LAB LLC, may have something similar to the Contributions already under consideration or in development; (v) You irrevocably non-exclusively license to MY TUTOR LAB LLC, rights to exploit Your Contributions; and (vi) You are not entitled to any compensation or reimbursement of any kind from MY TUTOR LAB LLC, under any circumstances.