Terms of Conditions
and Use Agreement
Welcome to
YOURCHOICETUTOR. We maintain this web site as a
service to our customers. By using
YOURCHOICETUTOR, you are agreeing to comply with
and be bound by the following terms of
use. Please review the following terms
carefully. If you do not agree to these terms,
you should not review information or obtain
goods or products from this site.
TEACHERS TAKING
ACTION TO SUCEED, INC. (REFERRED HEREINAFTER AS
T.T.A.I.) AND ITS AFFILIATES ('T.T.A.I') PROVIDE
THIS WEBSITE (YOURCHOICETUTOR) 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. T.T.A.I 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 T.T.A.I
services, you agree to abide by any applicable
posted guidelines for all T.T.A.I 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 T.T.A.I in
any way, your only recourse is to immediately
discontinue use of T.T.A.I. T.T.A.I has the
right, but is not obligated, to strictly enforce
the TOU through self-help, community moderation,
active investigation, litigation and
prosecution.
2.
Acceptance of Agreement. You
agree to the terms and conditions outlined in
this Terms of Use Agreement (“Agreement”) with
respect to YOURCHOICETUTOR (the “Site”). This
Agreement constitutes the entire and only
agreement between us and you, and supersedes all
prior or contemporaneous agreements,
representations, warranties and understandings
with respect to the Site, the content, products
or services provided by or through the Site, and
the subject matter of this Agreement. This
Agreement may be amended at any time by us from
time to time without specific notice to you. The
latest Agreement will be posted on the Site, and
you should review this Agreement prior to using
the Site.
2.1.
T.T.A.I controls and operates its
websites from various locations and makes no
representation that this Website is appropriate
or available for use in all locations. T.T.A.I
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 T.T.A.I 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 is not affiliated
with T.T.A.I. or YourChoiceTutor.com.
4.
Intellectual Property Rights. Except
as expressly authorized by YourChoiceTutor or by
Content providers, Participant agree 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 that
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
T.T.A.I.'s rights in YourChoiceTutor Trademarks
and agree that any use of YourChoiceTutor
Trademarks by You shall inure to
YourChoiceTutor's and or T.T.A.I 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 T.T.A.I, 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 either 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 T.T.A.I 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
T.T.A.I, 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 T.T.A.I 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
T.T.A.I is under no obligation to become
involved. In the event that you have a dispute
with one or more other users, you hereby release
T.T.A.I, 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 YourChoiceTutor 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.
22.
Use of Information. We
reserve the right, and you authorize us, to the
use and assignment of all information regarding
Site uses by you and all information provided by
you in any manner consistent with our Privacy
Policy.
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.
25.
Privacy Policy. Our
Privacy Policy, as it may change from time to
time, is a part of this Agreement.
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 does 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:
Teachers Taking
Action To Succeed, Inc.
P.O. Box 560044
Miami, FL 33256
By phone: 866-686-6477
By email:
copyright@yourchoicetutor.com
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 56044 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
Mendham, 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.
