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1. General terms
Tutoroot provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Tutoroot and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. 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.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. All tutoring sessions for minors should be supervised by a responsible adult.
Tutoroot controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Tutoroot services may not be available in your location, and available services may vary among locations. In addition, Tutoroot will attempt to deliver all correspondence sent via the Site's messaging system. Tutoroot does not, however, guarantee delivery of all messages.
4. Academic honesty
You acknowledge and agree that Tutoroot's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Tutoroot's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
5. Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving tutoring services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Tutoroot, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Tutoroot 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. Tutoroot reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Tutoroot, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Site;
Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Site, you understand and agree that Tutoroot may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Tutoroot may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize Tutoroot to verify the above representations and warranties by you and you acknowledge and agree that Tutoroot shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Tutoroot may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree Tutoroot neither confirms nor denies the validity of information provided by Users and that Tutoroot does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage.
Tutoroot expressly disclaims, and you expressly release Tutoroot from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Tutoroot reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Tutoroot in its sole discretion. Alleged improprieties by any User may be reported to Tutoroot by email at email@example.com.
6. Third party reports
Tutoroot may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Tutoroot does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Tutoroot does not independently verify information in the consumer reports.
You hereby consent to Tutoroot collecting, using and disclosing the information in the consumer reports. You understand and agree that Tutoroot may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Tutoroot shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Tutoroot reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Tutoroot's sole discretion.
7. Confidentiality of Tutoroot information
You may obtain direct access via the Site to certain confidential information of Tutoroot 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”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Tutoroot and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Tutoroot, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you 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, or 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 Tutoroot adequate to afford Tutoroot the opportunity to object to the disclosure.
8. Content submitted to the site
Tutoroot does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Tutoroot shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Tutoroot 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). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Tutoroot, its affiliates, and third-party providers of any information that you may provide on the Site.
9. Terms of transacting business
You understand and agree to abide by Tutoroot’s payment policies. You agree that you are willing to pay all fees associated with the services through Tutoroot. These fees include but are not limited to: (a) a tutor’s hourly rate as listed and (b) cancellation fees as described in the cancellation policy and (c) the commission arrangement between the Tutor and Tutoroot.
10. Advertisements and promotions
Tutoroot may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Tutoroot found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Tutoroot 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 non-Tutoroot advertisers on the Site.
11. Text message notifications
Tutors may opt in to receive text message notifications for new student messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
For help or more information, email firstname.lastname@example.org.
12. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Tutoroot 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. Tutoroot 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.
13. Intellectual property rights
Tutoroot grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Tutoroot, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Tutoroot reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Tutoroot. You may like or follow Tutoroot or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by Tutoroot or by Content providers, you 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. You must not modify, decompile, or reverse engineer any software Tutoroot discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Tutoroot Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Tutoroot uses in connection with its products and services. You may not remove or alter any Tutoroot Trademarks, or co-brand your own products or material with Tutoroot Trademarks, without Tutoroot's prior written consent. You acknowledge Tutoroot's rights in Tutoroot Trademarks and agree that any use of Tutoroot Trademarks by you shall inure to Tutoroot's sole benefit. You agree not to incorporate any Tutoroot Trademarks into your 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.
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 Tutoroot on this Site 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 you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
14. Copyright Infringement
Tutoroot respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Tutoroot and the Site, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Tutoroot reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
If you believe in good faith that content or material hosted on the Site infringes your copyright, you (or your agent) may send Tutoroot a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tutoroot to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Termination and suspension
Tutoroot reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
16. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TUTOROOT DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. TUTOROOT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
TUTOROOT MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE 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 TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTOROOT, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL TUTOROOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF TUTOROOT WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF TUTOROOT FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TUTOROOT, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF TUTOROOT; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
18. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users.
Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by users and Tutoroot. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
You agree that any material breach of the Terms will result in irreparable harm to Tutoroot for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tutoroot 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 Tutoroot seeks such an injunction.
22. Notices; modification and termination of services; amendment of terms
Tutoroot may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Tutoroot reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Tutoroot may also delete, or bar access to or use of, all related information and files. Tutoroot will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Tutoroot may amend these Terms at any time by posting the amended terms on this Site.
23. Governing law
These Terms and your use of the Services will be interpreted in accordance with the laws of India. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Hyderabad for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
24. Entire agreement
These Terms constitute the entire agreement between you and Tutoroot relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Tutoroot or third-party products or services.