Terms of Use

On-line Service Agreement For Tutors and Students (Tutor Registrations and FREE Tutor Search)

Terms and Conditions of Service: BEFORE YOU (tutor and/or student/parent/educator / user of this site) CLICK ON THE BUTTONS ("SUBMIT", "SEND", "FIND" ETC.), TO SUBMIT ANY OF THE PAGES (TO SUBMIT YOUR PERSONAL AND YOUR BILLING INFO AND START THE REGISTRATION PROCESS, OR TO START SEARCHING FOR A TUTOR), AND BEFORE YOU START USING THIS WEBSITE - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF OUR AGREEMENT, AND OUR PRIVACY POLICY. IF YOU ARE NOT AN ENGLISH SPEAKER OR IF YOU DO NOT UNDERSTAND THE ENGLISH LANGUAGE OR IF ENGLISH IS NOT YOUR MOTHER LANGUAGE, PLEASE CONSIDER HIRING A TRANSLATOR TO TRANSLATE THE FOLLOWING WORDS FOR YOU. NOTE: BY CLICKING ON THE SUBMIT BUTTONS, AND/OR BY STARTING THE REGISTRATION PROCESS, AND/OR BY DOING A SEARCH FOR AND CONTACTING OUR TUTORS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT (incl. our PRIVACY POLICY), PLEASE DO NOT CLICK THE SUBMIT BUTTONS AND DO NOT REGISTER AS A TUTOR WITH US AND DO NOT CONTACT OUR TUTORS AND DO NOT USE THIS WEB SITE.
1. General: TutorsTeach.com, a New York based company ("TutorsTeach", "Hometeaching.com", "Hometeaching"), operates a World Wide Web Site on the Internet (currently located at www.tutorsteach.com, www.hometeaching.com and other URL's) through which it provides tutoring and tutor matching services (the "Service") between tutors and students. By "tutor" we mean, any person who gives personal instruction, and by "student" we refer to the person who receives the tutoring (the tutee), and/or the parent who looks and/or finds such tutor for his/her child, or anybody who seeks such tutor for someone else or for themselves (also referred to as "seeker"). "User" is any visitor to this website who uses its service. The Terms and Conditions of Service, which override any offer or claim that's in the website's webpages, set forth the basic rights and obligations of TutorsTeach.com’s tutors and students with regard to access and use of the Service and related systems. By using TutorsTeach.com’s Service and system, a tutor and a student agree to comply with these Terms and Conditions of Service as published and with TutorsTeach.com’s Tutoring Code that may be attached as a separate link. TutorsTeach.com can modify at any time and in any manner these Terms and Conditions of Service and the Tutoring Code, with or without notice to tutor and student by mail, electronic mail or on-line posting ("Notice") of modification. If any change to the Terms and Conditions of Service, Tutoring Code and systems or pricing is unacceptable to a tutor or the student, both the tutor and the student must discontinue use of the Service.
2. Independent Contractors: TutorsTeach.com and the tutors are independent contractors under these Terms and Conditions of Service, and nothing herein shall be construed to create an employment, partnership, joint venture or agency relationship between TutorsTeach.com and the tutor. Neither party has the authority to enter into agreements of any kind on behalf of the other party. A Tutor/Member or Registered Tutor on our website is someone who completes the tutor registration form in its entirety, incl. billing information, and purchases a tutor membership of 3 or 6 or 12 consecutive months. The tutor registration form includes several registration pages, that the tutor has to fill out on our website. TutorsTeach.com does not accept paper forms and does not register anybody over the phone, unless the applicant asks us to and unless the applicant demonstrates lack of understanding or insufficient knowledge of the website and the Internet and/or his/her computer is not in workable condition at the time of registration. The tutors on our website are directly contacted by the tutor-seekers and are at liberty to directly and independently reply and contact those seekers on their own. TutorsTeach.com does not intervene with the communication between the seeker and the tutor. By using this website users and seekers understand that the search for a tutor on our website is indeed free, but the tutoring that they may receive from our tutors isn't, and the seekers will most likely be asked to pay the tutor that they will hire a tutoring fee that they will agree on in advance or after the tutoring session/s or otherwise.
3. These are students who request tutoring, and these are tutors who provide tutoring! TutorsTeach.com offers tutors/students not 'dates' to its students/tutors, respectively! Both parties are made aware of this special tutoring relationship. TutorsTeach.com is a tutoring matching site not a dating or an escort website! Tutoring as well as any other relationship that the tutor and/or the student/parent enter, is the sole responsibility of those parties. TutorsTeach.com does not assume any responsibility resulting from this student-tutor matching endeavor.
4. Tutor's personal info disclosure and use of profanities: Tutor agrees to full exposure of his/her personal information, incl. but not limited to the tutor's References, which will all be laid out as the tutor's profile to the seekers in the results page, and after the seeker clicks tutor's name in the tutors' results page. All the information the tutor enters on the site during the tutor registration process and during editing of his/her profile thereafter, will be disclosed to the seekers, except tutor's email address and his/her full last name -- Only the first letter of tutor's surname will be written in his or her profile to the seeker. Tutors are solely responsible for any outcome resulting from entering their References on their profile. All tutors/registrants and visitors to this site must also refrain from typing in their profiles or in their messages to our tutors and/or during the course of the live online tutoring sessions - obscene or curse words or profanities or any word or combination of words that can be construed and interpreted as a curse, obscenity or profane or the likes, and from going slender on our website bashing our tutors' or our students' names or TutorsTeach.com's reputation! Tutors and students must also avoid initiating any sexual encounter or make any sexual advances whatsoever through this website! Such "tutors" or registrants will be immediately removed from our database and their membership revoked, as soon as they are caught, and will be subject to punishment with a higher 'authority' including but not limited to penalties and fines of up to $1,000 per obscene word or expression and $10,000 for bashing any tutor's name or our website's name. Our Tutors' Division takes these charges very seriously and has zero tolerance for such culprits!
4-a. Tutor's photograph: When uploading a picture to our website, tutor must omit any explicit or vulgar pictures, which will be disqualified anyway, or any other improper pictures. The picture has to show the tutor him- or herself, and his/her face has to appear clearly on the picture. Indecent or inappropriate pictures will not be accepted, and tutor may be notified of the rejection. TutorsTeach.com will use their own judgment of a tutor's picture, which may not meet all visitors' tastes or criteria. TutorsTeach.com will do the best it can to approve photos that will be liked by majority of seekers and other users. We will gladly accept comments or remarks about pictures that seem to be unsuitable in some way or unpleasing to the eye. Please note that the uploading of the tutor picture is the sole responsibility of that tutor who uploaded it to his/her profile page. Your photo will be accessible and viewable by all Internet users, and as such should be uploaded at the tutor's own discretion! If a tutor feels uncomfortable or uneasy about having his/her picture posting on our website, then the tutor should reconsider uploading it.
4-b. Editing of tutor profiles: TutorsTeach.com reserves the right to reject or to not-accept a tutor profile as is and subsequently to edit and modify information on the tutor profile (but not to change the facts on the profile). Fields such as the tutor Personal Statement, Occupation, Degrees - may be re-written by us, for as long as we adhere to their facts (We will not change the degrees, for instance, but we will rewrite them, i.e., "BA English" we will write as "BA in English"; "College Professor" we will modify as "College Instructor" etc...). All tutors agree to accept those changes otherwise to let us know that they don't want any changes to be made on their profiles. Editing of tutor profiles are occasionally made to improve profile performance so that the tutor may get a good response to his or her profile and subsequently receive a student request for tutoring.
5. Copyright and Trademark Information: Tutor acknowledges that the Service contains information, software, photos, video, graphics or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and TutorsTeach.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. No title to or ownership of any of the Content is transferred to the tutor or the student. Not tutor nor the student may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Both tutor and student may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner. TutorsTeach.com and the TutorsTeach.com logo are trademarks of TutorsTeach.com, Inc. All other trademarks appearing on the Service are trademarks of their respective owners.
6. Background Check and Truthful Information: The Tutor agrees to provide complete and truthful information during the registration process, during the editing of the Tutor’s listing at any future time, through ongoing communications with the staff of TutorsTeach.com, and through all communications with prospective clients and other people related to the Service. If the Tutor chooses a registration option which includes a background check, the Tutor acknowledges and agrees to undergo a complete and thorough background check by an independent third party agency, selected by TutorsTeach.com or the person or persons who hire that tutor to provide tutoring services, which specializes in background checks of individuals to the satisfaction of TutorsTeach.com or the student. If TutorsTeach.com or the student are not satisfied with the results of the background check of the tutor for any reason whatsoever, they shall be under no obligation to use the services of the tutor or to include the tutor in its web site listings. All expenses in connection with the background check shall be borne by the tutor. If the tutor wishes to do a background check on the tutee or his/her keepers, especially an adult student over 21 years of age, the tutee may have to agree to such background check. Parents and students and all users of this website are herein informed that TutorsTeach.com does not conduct background checks or any check ups on any of the tutors or the students/parents or anybody who uses this website. Users are therefore made aware that the tutor and the tutor information and/or the student information, is provided to them 'as is' with no guarantees or promises of any kind as to the credibility or the qualifications of any of our tutors or students. Users are therefore encouraged to check at least the references of any tutor that they hire from our website. If they want to further their check-up and run a background and/or criminal check on the tutor, they can do that if they so wish to. TutorsTeach.com does not stand by or vouch for any particular tutor necessarily, not to say that the tutors aren't good. But users are taking full responsibility upon themselves when hiring a tutor or tutor's services from our website, or when offering tutoring services to anyone who contacts them through this website. TutorsTeach does not assume any responsibility whatsoever on that subject.
7. Changes to the Service: The Service provided by TutorsTeach.com, incl. our live online tutoring tool, is expected to change from time to time. TutorsTeach.com reserves the right to change any service offered or the features of any service offered or its systems without notice, including changes to access and use procedures, such as high traffic usage, idle disconnections and system hardware and software or website maintenance.
8. Termination and Suspension: The tutor account as well as the student's privilege for free searches on our website, can be terminated or stopped by TutorsTeach.com for breach of the provisions of this Agreement (including without limitation, the Tutoring Code, if the code is included in the website), or other reasonable terms and conditions of services, such as improper or inappropriate use of the Service in a manner which could subject TutorsTeach.com to liability to third parties. TutorsTeach.com may also, at its sole discretion, accept or reject a new or current tutor, or a student's use of our site, or suspend a tutor's account at any time with or without cause. Such termination or suspension will not release the tutor and/or the student from any charges due. There are no reimbursements or return of fees from use of the Service. All transactions are final. Note that, if either the student, the parent or the tutor (the "user") disputes or cancels a legitimate charge by TutorsTeach, not only tutor's and/or student's (if applicable) membership will be revoked or suspended, but they will also be liable for a cancellation/reinstatement fee of $30 + the cost of membership. We strongly advise users to contact TutorsTeach.com first before disputing any charge by us on their credit or debit card statements or before canceling any check with their bank. User should never dispute any charge by TutorsTeach.com but call or email or write to us first, to allow TutorsTeach.com's representatives to clear the charge with them and explain it first. If the tutor doesn't pay us back all the herein fees, we will take any action to try to collect those fees from them through Collection and report their names to the three credit bureaus, plus we will send messages via email and/or phone to all the students who contacted them through our website advising them to stop all their communications with them!
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: USE OF TutorsTeach.com’S SERVICE, INCL. OUR LIVE ONLINE TUTORING TOOL, AND THE INTERNET IN GENERAL IS AT TUTOR'S AND STUDENT'S SOLE RISK. TutorsTeach.com DOES NOT WARRANT THAT ITS SERVICE AND SYSTEM, INCL. OUR LIVE ONLINE TUTORING TOOL, WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN A FAULT-TOLERANT MANNER, NOR DOES TutorsTeach.com MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF ITS SERVICE OR SYSTEMS OR USE OF OUR LIVE ONLINE TUTORING TOOL OR THE INTERNET IN GENERAL. TutorsTeach.com DOES NOT WARRANT THAT THE TUTOR WILL BE MATCHED UP WITH ANY STUDENT BY USING THE SERVICE. TutorsTeach.com’S SERVICE AND SYSTEM, INCL. OUR LIVE ONLINE TUTORING TOOL, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. THE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES TO USER'S COMPUTER OR USER'S PHYSICAL INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ANY USE OF OUR LIVE ONLINE TUTORING TOOL, ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, LOW OR NO SEARCH ENGINE PERFORMANCE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TutorsTeach.com SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE TUTOR AND THE STUDENT. NEITHER TutorsTeach.com NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES, INCLUDING THE PRINCETON REVIEW AND ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OF INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. TUTOR AS WELL AS STUDENT ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. TutorsTeach.com does not endorse, nor warrant the accuracy, completeness, competence, correctness, timeliness or usefulness of any advice, services, the online tool, information, tutors or contacts provided through the Service or on the Internet generally.
NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". TUTORSTEACH.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
10. Indemnity: Both tutor and student agree to hold TutorsTeach.com and all of its members, managers and affiliates harmless for outcomes related directly or indirectly to utilizing its student-tutor matching endeavors. Tutor and student further agree to indemnify and hold harmless TutorsTeach.com, its directors, owners, officers, shareholders, agents, employees ("Affiliates") and other tutors and students from any and all liability, damage, personal injuries caused by the tutor or the tutored student or otherwise to the tutored student or the tutor or otherwise during, before and after the tutoring activity or the online tutoring session, or expense including attorney's fees and court costs resulting from or arising out of any dispute which may arise from a breach by tutor and/or student of the terms of this Agreement or tutor’s and/or student's negligence or willful conduct. All tutoring situations and outcomes arising directly or indirectly from this website and its student-tutor matching endeavor, incl. situations and outcomes arising from use of our online tutoring tool, will be at the User's own discretion! (By 'directly' we mean, amongst other things, that the seeker directly contacted our tutor and received tutoring service from him/her. By 'indirectly' we mean, amongst other things, that someone contacted a tutor on behalf of someone else, or, a different tutor than the one originally contacted, made the contact with the seeker and/or tutored him/her). Tutor and student further agree that TutorsTeach.com and its Affiliates will not be liable for lost property or data of tutor and/or student. Furthermore, TutorsTeach.com is not responsible and does not make any warrantees as to the student's accomplishments in school and otherwise as a result of using our service or registered tutors including but not limited to the scores or the grades in school or otherwise, that the students and the tutees who use this website receive on their tests, exams, school Report Cards and Diplomas and any other format that measures student's knowledge or academic capacity! Furthermore, TutorsTeach.com does not make any warrantees as to the competence of the tutors listed in our website and does not guarantee nor insure the initial contact and/or the ongoing communication between the tutor and the student or the parent/seeker and does not promise that a tutor will correspond back to the seeker (via email or phone or other vehicles of communication) and vice versa. All initial and ongoing communications are totally between the student and the tutor and are their responsibility.
All communication with TutorsTeach.com's representatives, agents, employees, owners, (="agent") tutors, students and everyone who is directly or indirectly connected with our company, will be done at the tutor's and student's/parent's (="user's") own discretion! All advice and recommendation or any other suggestions taken from our agents are at the user's own discretion, whether verbally or written, whether via phone, email, mail, fax or via any other communication medium. Users assume all risks and take their chances when implementing such advices and recommendations from our agents, employees etc...
LINKS
THIS SITE MAY CONTAIN LINKS (MAY BE UNDER THE "RESOURCES" BUTTON, BUT NOT ONLY) TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF TUTORSTEACH.COM). TUTORSTEACH.COM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, TUTORSTEACH.COM DOES NOT NECESARILY ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED, OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS TUTORSTEACH.COM LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF TUTORSTEACH.COM AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE TUTORSTEACH.COM SITE.
11-a. Messages Contents: TutorsTeach.com assumes no responsibility whatsoever for the contents of messages that are sent by the seekers to the tutors via our website or otherwise, or messages that are sent to the seekers by the tutors in whatever way, incl. messages sent to each other via our live online tutoring tool. TutorsTeach.com does not always read messages that are sent to our tutors and therefore does not filter or screen student requests. We have an algorithm on our website that prevents obscene words in the student inquiries, but that can always be bypassed by seekers. Seekers are strongly advised herein to consider carefully the contents of their messages to the tutors, and are hereby urged to not include very personal information in their messages, such as full home or work address or other addresses, social security numbers etc.. Seekers, as the messages writers and senders, are solely responsible for any outcome arising from their message contents and delivery. It should also be noted herein that seekers' messages may also be posted elsewhere on the site and not just to their selected tutor/s. Those postings are open for our registered tutors and can be accessed (only) by our other tutors or new ones who are registering. If no such posting is desired, seekers need notify TutorsTeach.com via any delivery method (email, phone etc..). Tutors also sometimes network with one another and re-send a student request that they received, to a different tutor, in order to help that student get the academic help s/he needs. Seekers therefore should not be surprised if a different tutor or tutors than the one they had originally contacted, actually replied to their message. Both tutor and seeker agree to retrieve all email messages regardless if the messages contain inappropriate or improper content or language, including but not limited to Junk email messages, Spam, scam or viruses. As previously spelled out, tutors profiles are Open to the public and to anyone who wishes to look at their profile pages. If a Spammer or a Virus sender or any visitor to this site utilizes tutors' profiles to send viruses or spam-emails or obscene messages, it is the tutor's responsibility to do whatever it takes to get rid of the culprit in anyway the tutor wishes to do so, incl. but not limited to reporting such culprits to their ISP or a higher Authority, changing the tutor's or the student's/parent's email address etc. TutorsTeach.com makes no intervention on behalf of the tutor or the student/parent except to report such delinquents to our server administrators. Note that, it is not possible to attach attachments of any kind to the student inquiries and send them via the tutors' profiles on our website to the tutors. Therefore it is probably impossible to send viruses through our website to anyone registered with us as a tutor, as viruses are usually sent to people's emails as attachments that need to be opened in order for the virus to act.
11-b. Messages Amount: All tutors are hereby made aware that seekers are free and able to send a message (same or not same message) to more than one tutor. There is no limit on the number of messages that students and parents and other seekers are allowed or able to send to tutors through our system or otherwise. Seekers may also post a request for a tutor on our website in general to be posted on the inquiry.aspx page. TutorsTeach.com cannot tell seekers not to post a message on that page, even if they previously sent a message or messages to tutors. Tutors are strongly advised to reply to the messages they receive from seekers in a timely fashion, or as soon as possible, so the tutoring request will still be available.
12. Non-Transferability: The tutor account and the tutor's right to access TutorsTeach.com's Service or system may not be transferred. Any attempt to assign any of tutor’s rights, duties or obligations under this Agreement without such consent will be void. Tutor agrees to protect its password and account and to keep them secure from unauthorized users and use.
13. Confidentiality: Although TutorsTeach.com’s system utilizes a third party proprietary security technology, TutorsTeach.com cannot guarantee the protection or privacy of any information stored on, or sent to or from its system over the Internet. TutorsTeach.com is not responsible for the protection of tutor's and student's data and cannot guarantee the security and accuracy of its back-up systems. Both tutor and student are responsible for any unauthorized disclosure of their data, and tutor is responsible for his/her private PIN or password.
14. Equipment: Tutor and student are responsible for obtaining or providing all computer and communications equipment needed to access the Service, including, without limitation, telephone or data transmission lines, tutor's own website or webpage linked to TutorsTeach.com’s server, and the maintenance and operation thereof.
15. Location for actions or proceedings: Any legal action or other proceeding or litigation, resulting from the tutor-student matching endeavor and all of TutorsTeach.com's services mentioned herein or elsewhere, or resulting from breach or default of any of the provisions of this agreement, must be instituted and heard in a Court in Kings County, New York State, and the parties hereto must consent to the jurisdiction of such Court.
16. Distribution of Third Party Content: Tutor and student are liable for all claims, costs, and damages arising from unauthorized distribution of third party material.
17. Third Party Services: To the extent that TutorsTeach.com is a distributor of certain services supplied by third parties, TutorsTeach.com is not responsible in any way for the content or function of third party databases and services. Tutor and student agree to comply with all rules and requirements of such third party services provided by TutorsTeach.com from time to time upon Notice to tutor or on this website.
18. Communication and Marketing Messages: TutorsTeach.com reserves to right to send all visitors to the site messages of marketing nature or request messages and other notices about new services or features that we offer on the website. Users of this site are hereby made aware that by using this website, they consent to receive such messages to their emails, telephones, physical addresses that they leave on the site and other means of communication. TutorsTeach.com does not share any personal information with any other individual or company who are not affiliated or connected to TutorsTeach. All solicitation messages that students and tutors may receive from us, will be sent by TutorsTeach and for informative purposes only. If any of our site visitors is not interested in receiving such messages or notices via email, mail or otherwise - that visitor must tell us in writing or via phone or otherwise, that they are not interested in receiving correspondence from us. TutorsTeach.com will then do the best it can to avoid such communication with anyone who notifies us.
19. Payment Terms and Membership Renewal: Tutor agrees to pay, by valid and accepted credit or debit card with funds on it, a non-refundable registration fee that is subject to change at any time at TutorsTeach.com’s discretion. The current introductory registration fees for individual tutors are $39, $55 or $85 and for tutoring companies or tutors running network of tutors $195 (US dollars), which are selectable on the billing/credit-card screen. TutorsTeach.com reserves the right to offer Sales/Specials or free registration for tutors at any time and to stop such Sales/Specials or free tutor registrations at any time with or without notice. All Sales/Specials and other free trials are offered to new tutors only, those who register from the beginning to the end, incl. billing info. Those Sales/Specials are not offered to tutors who come back later to the site to submit billing info or to those who submit a new credit or debit card! The promotion that is currently offered on our website's webpages is the one in effect and overrides all other or previous sales and offers! Note that, even with the Special or a free trial period that may be offered by us to new tutors, funds from your credit or debit card will be placed on hold, which will decrease your available credit line or your bank account balance. You are not charged that amount but you will not be able to use that amount, because it's been put on hold. That is how we verify that your card is good and valid! So tutor has to insure that his/her credit/debit card account has funds in it at the time of registration and has the full membership fee dollar amount after the trial period is over, if s/he decides not to cancel their membership with us, so we can properly charge their card for the membership fee they selected. Tutor is allowed to cancel his/her membership at any time before the free period is up. There will be no cancellations allowed after the free period ends, when the paid membership starts. Tutor can discontinue his or her membership with us, once the current paid membership ends, before the new one begins, as long as TutorsTeach is notified before the last day of current membership. If tutor decides to cancel his or her membership with us after they are billed for a membership or a renewal, there will be no cancellations allowed at that point, but if TutorsTeach decides that the tutor does receive reimbursement for the membership fee or renewal fee, there will a $15 cancellation fee before TutorsTeach reimburses the tutor. TutorsTeach.com also retains the right to change the registration fees, renewal fees, per lead fees (although, we currently don't charge a fee for leads!), and overall fee structure with or without notifying the tutor of such changes. If student is required to pay a tutoring fee to TutorsTeach.com, they shall do so by valid and accepted credit or debit card with funds on it (Students currently do not pay any fees whatsoever to TutorsTeach.com). That fee may be non-refundable, but only at TutorsTeach.com’s discretion, and may change at any time. TutorsTeach.com is not responsible and is not liable for any over-draft or over-limit fees that the tutor or the student will incur as a result of TutorsTeach.com's charge of tutor's or student's credit or debit card.
Application and Payment Submission: Tutor may submit his or her application to TutorsTeach.com electronically by clicking the Submit buttons on each registration page and on the secure credit card page. By doing so, tutor acknowledges that regardless of whether s/he uses a web browser with security features, TutorsTeach.com is unable to ensure that the data will not be intercepted by third parties. TutorsTeach.com will therefore not be held liable should such interception occur. We strongly suggest that you use a browser with 128-bit encryption security. Although we take every measure and do the best we can to ensure that data stay safe in our dedicate server and that tutors' email addresses and all other personal information and credit card information stay secure; and that no one breaks into our dedicated server or deciphers our website's code - we cannot guarantee a 100% that a hack will not occur. TutorsTeach.com will not be held responsible or liable for any breakage into our systems or damage - financial or otherwise - to the website's users thereof that may or may not occur as a result of a hack.
Membership Renewal: Tutor Membership will automatically be renewed at the end of each membership period, to the same membership type, unless TutorsTeach.com is notified by the tutor of membership cancellation or different renewal type (longer or shorter time periods) via email, telephone or regular mail or any other delivery method - no later than the last day of the membership. Tutor membership will automatically be renewed regardless of the number of student inquiries the tutor received in his/her membership period. Tutor must notify TutorsTeach.com of lack of inquiries (0=no inquiries at all) to be eligible for a no-fee membership renewal, no later than a day before the membership expiration date. The membership will be extended for free for a month at a time up to X number of months (or until the tutor receives his or her first student inquiry). The number of months eligible tutors will have their membership extended to for free, is subject to our own discretion. To qualify for free membership extensions, tutors cannot have their website (personal or commercial) listed on their profile page, because then they may be getting student messages through their website and not necessarily through their profile on our website; and they cannot list their phone number/s in their Personal Statement, for that same reason. Tutors will also have to prove or to demonstrate that they are doing all they can to procure or encourage seekers to send them messages, i.e., making changes on their profiles, like, modifying their Personal Statement, lowering their Hourly Rate and other changes that we suggest in the FAQ's section of our site. Note that, free membership extensions do not apply to the free trial period that we offer. Free extension is only applicable on the membership itself (3, 6 or 12 months membership periods). TutorsTeach may also consider granting free membership extensions to tutors who only received one or two student inquiries within their membership period. But that too is subject to our discretion!
20. Severability: If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that holding will not invalidate or render unenforceable any other provision of this Agreement.
21. Force Majeure: Notwithstanding any provision to the contrary, TutorsTeach.com will not be liable to the tutor and/or the student for any delay or interruption in performance of any obligation resulting from governmental emergency orders, judicial or government action, emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, power outages, wars, earthquakes, floods, tornadoes, acts of god, fires, electrical failure, major computer hardware or software failures including but not limited to search engine performance failure, equipment delivery delays, acts or the failure of third parties such as suppliers and subcontractors, or any other cause, if the delay or interruption in performance is beyond its reasonable control.
22. Commercial Use of the Site: A Tutor or a Tutoring Company may register with us to offer tutoring services provided by multiple tutors that the Tutor or the Tutoring Company offers ("Business"), only after they agree to pay the appropriate Commercial membership fee, currently at $195 US dollars, and after they agree to all the terms and conditions described herein and throughout our website. Any Tutor or Tutoring Company, who eludes full exposure of their intent of Business, is/are considered violators of provision #21 herein and will be subject to penalties and fines currently at $10,000 US dollars. Our site offers commercial uses, but tutors and tutoring companies must play fair and divulge their intent of commercial use of our site through proper payment. Please note: All tutors and tutoring companies and all other websites and companies are strictly prohibited from canvassing and promoting their tutoring service or any other service or product through our website to solicit our tutors! Anyone who violates that condition, will be subject to a $10,000 US dollars fine.
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