Terms of Conditions and Use Agreement
YOURCHOICETUTOR, LLC. PROVIDES THIS WEBSITE TO YOU, THE 'CLIENT' OR THE 'CONTRACTOR,' AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY REFERRED TO AS THE 'PARTICPANT'), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN YOURCHOICETUTOR WEBSITE AND THE PARTICIPANT, THE PARTICIPANT ACCEPTS THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF THE PARTICIPANT DOES NOT AGREE TO ALL OF THESE TERMS, THE PARTICIPANT SHOULD NOT USE THIS WEBSITE.
1. General YourChoiceTutor, LLC provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Conditions and Use Agreement ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular services, you agree to abide by any applicable posted guidelines for all YOURCHOICETUTOR, LLC services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with YOURCHOICETUTOR, LLC in any way, your only recourse is to immediately discontinue use of YOURCHOICETUTOR, LLC. YOURCHOICETUTOR, LLC has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2.1. YOURCHOICETUTOR, LLC controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. YOURCHOICETUTOR, LLC services may not be available in your location, and available services may vary among locations. If you are using the Website on behalf of someone other than The Participant, you represent and warrant that you are authorized to accept these Terms on their behalf.
3. Participant background check. We request each tutor to undergo a background check, which includes a county criminal records check, national sex offender search, and social security trace. Those who have completed background check activities will be identified as having done so on our website. The participant understands that YOURCHOICETUTOR, LLC or YourChoiceTutor.com cannot be responsible for the record keeping practices of third parties, but not limited to; the company conducting the background check the Department of Motor Vehicles, county, state and federal courts, state repositories, state and regional prisons, local police stations, federal bankruptcy courts, federal civil courts, state medical boards, drug testing facilities and other professional licensing organizations, and other local, state and federal organizations who may provide the information. The user understands that the tutor/academic coach is requesting his/her background check on their own behalf and the results are based upon the information that he/she has submitted regarding his/her identity when obtaining a background check. The information provided to any third party conducting the background check by the tutor/ academic coach (hereinafter, "The Company") is assumed to be true to the best of his/her knowledge and belief. The participant understands that those third party company (ies) executing the background check are not affiliated with YOURCHOICETUTOR, LLC. or YourChoiceTutor.com.
4. Intellectual Property Rights. Except as expressly authorized by YourChoiceTutor or by Content providers, Participant agrees not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. Participant must not modify, decompile, or reverse engineer any software YourChoiceTutor discloses to Participant, and Participant must not remove or modify any copyright or trademark notice, or other notice of ownership.
4.1. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by YourChoiceTutor on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., 'Used with permission') is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if Participant breaches any of the terms or conditions in this Section 2.1. Upon termination, Participant must immediately destroy any downloaded and/or printed Content.
4.2. 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 those 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.
5. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
6. Trademarks. 'YourChoiceTutor Trademarks' means all names, marks, brands, logos, designs, trade dress, slogans and other designations YourChoiceTutor uses in connection with its products and services. You may not remove or alter any YourChoiceTutor Trademarks, or co-brand your own products or material with YourChoiceTutor Trademarks, without YourChoiceTutor's or affiliates prior written consent. You acknowledge YourChoiceTutor's or YOURCHOICETUTOR, LLC.'s rights in YourChoiceTutor Trademarks and agree that any use of YourChoiceTutor Trademarks by You shall inure to YourChoiceTutor's and or YOURCHOICETUTOR, LLC sole benefit. Participant agrees not to incorporate any YourChoiceTutor Trademarks into Participant’s trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
7. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
9. Your Obligations and Conduct. In consideration for the use of the Website, the Participant agrees to: (a) provide accurate, current, and complete information as may be prompted by a registration form on the Website (the 'Registration Data'); (b) maintain the security of any passwords and identification; (c) maintain and promptly update the Registration Data, and any information provided to the Site, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data.
9.1. The Participant is entirely responsible for all Content that uploaded, posted or otherwise transmit via the Website's messaging system that connects clients and tutors or clients and academic coaches. The Participant agrees not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to YOURCHOICETUTOR, LLC, the Site, or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses 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. YourChoiceTutor reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
9.2. Our website provides a platform for our customers to connect with tutors or academic coaches acting as independent contractors. Customers can purchase tutoring hours with any of the tutors on the Site or coaching service packages by making payment through the Site. YourChoiceTutor is not an agent of and has no authority for customers, academic coaches, or tutors. Tutoring sessions or coaching sessions between tutors and customers or academic coaches and customers, may be face to face or online and, in either case, it is up to the customer and tutor or customer and academic coach to make the necessary arrangements and/or to obtain the needed software. As a customer, academic coach, or a tutor, you use the Site and the Service at your own risk.
9.3. The Participant is 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. YourChoiceTutor will not be held responsible for damages to any hardware or software resulting from use of the Site.
9.4. When a parent/student purchases a tutoring program with a tutor on the Site, the Parent/Student must have a payment method on file prior to beginning any lessons with the tutor. Parent/Student has the option to make a payment in advance for blocks of time or pay as you complete a session with a tutor. For the pay as you go options, once a tutoring session is complete, Parent/Student will pay for the completed session. For the block of time, payment is due in advance, and payment is deducted from the block of time when a tutoring session is completed. When a Parent/Student purchases an academic coaching session with an academic coach on the Site, the Parent/Student must pay the full amount of the program prior to beginning any sessions with the academic coach.
9.5. When a tutor enters notes to indicate completion of a tutoring session or academic coach enters notes to indicate completion of the coaching session, the parent/student will have 72 hours in which to dispute the lesson if it did not occur as indicated in your calendar. By disputing a session, the tutor or academic coach’s payment for that session will be suspended and the student 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 the student did not receive adequate tutoring or coaching time for the session in question, the student will receive a credit refund for the cost of the session.
9.6. Unless otherwise stated, all amounts are in U.S. dollars.
9.7. The YourChoiceTutor 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 Participants are exposed to the risk of encountering false, offensive, or harmful material submitted or posted by other user Participants. YourChoiceTutor is not responsible for any damages or injury resulting from exposure to this material. YourChoiceTutor is also not responsible for damages resulting from the conduct of tutors, academic coaches, or other users on the Site or elsewhere.
9.8. Because the tutors and academic coaches on the Site are independent contractors and are not employees of YourChoiceTutor, we cannot monitor or control their behavior. As with all private business transactions, we urge all Participants to use caution when considering which tutors or academic coaches to work with, as we cannot verify their claims or account for their behavior.
9.9. At times the Site or its users will provide links to other websites which we do not maintain. YourChoiceTutor is not responsible for the safety, accuracy, or appropriateness of the material to be found through these links.
9.10. Participants shall only access and use the Site for lawful purposes. As a user of the Site, Participants 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.
9.11. Participants agree to not use the Site for any reason other than to find, deliver, or obtain educational instruction. Participants agree to not use the Site to post advertisements for other businesses and 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. Participant agrees not to interfere with any other customers, academic coaches, or tutors in their use of the Site or to hinder or disrupt the services or communications of the Site. Participants shall not impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with any person or entity. Participant agrees 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. Participant represents, 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.
9.12. Participant agrees to only purchase tutoring from tutors or academic coaching sessions from academic coaches on the Site through the methods provided by the Site. Participants will not attempt to pay tutors or academic coaches directly or to offer compensation in any way that does not involve submitting payment through the Site. Participants will not attempt to hire tutors or academic coaches found on the Site to perform separate contracts in which they are not paid through the Site or to proposition tutors or academic coaches to perform any other educational work that is not through the Site.
9.13. By using the Site, Participants represent, warrant and covenant that Participant: (i) has 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 must ask for parental or guardian assistance to register on their behalf.
10. Content Submission. YourChoiceTutor does not claim ownership of the Content Participants place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content Participants provide in connection with this Website shall be deemed to be provided on a non-confidential basis. YourChoiceTutor shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and Participants grant YourChoiceTutor and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). Participant represents and warrants that you have proper authorization for the worldwide transfer and processing among YourChoiceTutor, its affiliates, and third-party providers of any information that You may provide on the Website.
11. Third Party Content, Site and Service. The YOURCHOICETUTOR, LLC 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 YOURCHOICETUTOR, LLC, 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 YOURCHOICETUTOR, LLC 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 YOURCHOICETUTOR, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release YOURCHOICETUTOR, LLC, 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."
12. Paid Postings. We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
13. Indemnification. You agree to indemnify, defend and hold YourChoiceTutor and our subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site or content (including any use by You on behalf of another party).
14. Message Delivery. YourChoiceTutor will attempt to deliver all correspondences between Students and Tutors or Students and Academic Coaches via our Website's messaging system. However, the nature of this task is such that YourChoiceTutor cannot guarantee delivery.
15. Notices, Modification and Termination of Services, Amendment. YourChoiceTutor may provide notice to Participants via email, regular mail, or posting notices or links to notices on the Website. YourChoiceTutor reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Participant’s use of or access to them, with or without notice. YourChoiceTutor may also delete, or bar access to or use of, all related Information and files. YourChoiceTutor will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. YourChoiceTutor may amend these Terms at any time by posting the amended terms on this Website.
16. Advertisements and Promotions. YourChoiceTutor may run advertisements and promotions from third parties on the Website. Participant’s correspondence or business dealings with, or participation in promotions of, advertisers other than YourChoiceTutor found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Participants and such advertiser. YourChoiceTutor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers unrelated to YourChoiceTutor on the Website.
17. Content Provided Via Links. Participants may find links to other Internet sites or resources on the Website. Participant acknowledges and agrees that YourChoiceTutor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YourChoiceTutor will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Confidentiality. Participants may obtain direct access via the Website to certain confidential information of YourChoiceTutor and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ('Confidential Information'). Participants must hold Confidential Information in strict confidence. Title to Confidential Information remains with YourChoiceTutor and its affiliates.
18.1. Participant’s obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or YourChoiceTutor's written request, Participant must cease use of Confidential Information and return or destroy it.
18.2. The Terms impose no obligation upon Participant with respect to Confidential Information that Participant can establish by legally sufficient evidence: (a) Participant possessed prior to Your receipt from YourChoiceTutor, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by Participant, or otherwise without violation of the Terms; (c) Participant obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) Participant independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to YourChoiceTutor adequate to afford YourChoiceTutor the opportunity to object to the disclosure.
19. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
20. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. YOURCHOICETUTOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE YOURCHOICETUTOR. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
20.1. YOURCHOICETUTOR MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
21. Limitation of Liability. TO THE FULL EXTENT PERMITTED BY LAW, YOURCHOICETUTOR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF YOUR CHOICE TUTOR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
23. Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO YOURCHOICETUTOR.
24. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. The Site may be a venue for content supplied by third parties to the Site. Accordingly, the Company has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or other user of the Site, are those of the respective parties and not necessarily those of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose. All third party vendors are solely responsible for the copyright, trademark or other proprietary rights related to the material they post on the website.
26. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
27. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on YOURCHOICETUTOR, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
28. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on YOURCHOICETUTOR does not imply approval or endorsement of the linked Web site by us. If you decide to leave YOURCHOICETUTOR and access these third-party sites, you do so at your own risk.
29. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For Notice of claims of copyright infringement on the Site can be reached as follows: By mail:
P.O. Box 560044
Miami, FL 33256
By phone: 866-686-6477
By email: firstname.lastname@example.org
Refund Policy. If you are not satisfied with the services provided by us, you must notify us in writing within 72 hours of having received the services. Written notice is to be sent to the following address: P.O. Box 560044 Miami, FL 33256 We will review your written request and determine if a credit is to be issued to you through our site.
30. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
31. Entire Agreement. The Terms constitute the entire agreement between the Participant and YourChoiceTutor relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized YourChoiceTutor representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. The Participant also may be subject to additional terms and conditions that may apply when the Participant uses YourChoiceTutor or third-party products or services.
32. Remedies. The Participant agrees that any material breach of the Agreement terms will result in irreparable harm to YourChoiceTutor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, YourChoiceTutor will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if YourChoiceTutor seeks such an injunction.
33. Survival. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
34. Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
35. Non-Compete. By purchasing tutoring services or academic coaching services through the Website, Participants agree not to directly or indirectly compete with YourChoiceTutor and its successors both during the period of YourChoiceTutor use and for a period of 3 years following termination of tutoring or academic coaching agreement by any of the following methods. 1) Offering YourChoiceTutor tutors or academic coaches any tutoring or related work outside of YourChoiceTutor. 2) Offering to pay YourChoiceTutor tutors or academic coaches less in order for them to work outside YourChoiceTutor's business. 3) Referring tutors or academic coaches to other potential clients who may hire tutors or academic coaches outside the YourChoiceTutor Website and business. 4) Any other direct propositioning of YourChoiceTutor tutors or academic coaches to do any work outside of the YourChoiceTutor business.
36. Costs. Participants understand and are willing to pay forth all costs associated with transacting tutoring or academic coaching business through YourChoiceTutor. These costs include but are not limited to A) Hourly rate as listed, B) Travel fees as described on the Website, and C) Cancellation fees as described in the Cancellation Policy, which can be found on the Website.
37. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Miami, Florida and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Morris County, New Jersey . You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. 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 a waiver of such provision nor of the right to enforce such provision.
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