The Tutoring Station Terms of Service Agreement
1. General Provisions
a) Acceptance – means the Client’s written certification that the services have been verified as acceptable in accordance with the Agreement.
b) Agreement – means the agreement between the TutoringStation242 and the Educators.
c) Applicable law – means the laws of the Commonwealth of The Bahamas and any other instruments having the force of law in The Bahamas as may be enacted and in force from time to time.
d) Tutor/Educator – means those contracted with the TutoringStation242 to who provide, tutoring and learning services in proprietary online courses.
e) 312 days of each year – means the days of each standard year. The services of the TutoringStation242 are not available on Sundays and major holidays.
f) 313 days of each year – means the days of each leap year. The services of the TutoringStation242 are not available on Sundays and major holidays.
g) Royalty-free license
h) The Company – The TutoringStation242 (TTS)
i) Educator- means instructors/tutors. The word can be used interchangeably.
2.1 The TutoringStation242.com website (which will from this point on be referred to as “we”, “our” or “us”), the services provided in connection therewith (which will be referred to as “the Services”) along with any present or future site in connection with the Services (to include Software) are owned, operated and/or maintained by TutoringStation242.com. 2.2 By using, accessing, or paying for use or access to the site, the Services, and/or the Software, you agree to the terms and conditions set forth below (Terms).
2.4 We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services and/or Software constitutes your agreement to such modifications .
2.5 The Service shall not be liable to any user party for any loss and/or inconvenience incurred based on any such party’s reliance on any Term which reliance is made after any change(s) to Term(s) or some such phrasing.
3.1 Through our Services, Site and Software, we enable users to connect with our team-members/educators/instructors/tutors (Tutors ) who provide, academic instruction and learning services in our proprietary online courses (Tutoring Sessions ).
3.2 The Services are currently available 312 days of each standard year, and 313 days of each leap year. The Services are unavailable on New Year’s Eve, New Year’s Day, Independence Day, Christmas Eve, and Christmas Day or other major public holidays. On those holidays the Services close beginning at 2:00 a.m. and they reopen at 2:00 a.m. on the following day (all times Eastern). Also, TutoringStation242.com may periodically be unavailable for regular maintenance and upgrades.
3.3 You are solely responsible for all service, telephone and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
4.1 To use the Services, you will need to register on the site and pay any applicable fees. You agree to provide true, accurate, current and complete information about yourself. If we believe that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse all use of the Services.
4.2 If you reside outside the Bahamas, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country, including the Bahamas.
4.4 You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities associated with your account or username. You must notify us immediately of any unauthorized use of your account and any other breach of security.
4.5 You may not transfer your account. If you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to the minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. However, we will never share your credit card or financial account(s) information.
5. User Content
5.1 Any materials that you upload, communicate or otherwise transmit to us, the site, the Tutors or the Services, including but not limited to survey responses (“User Content”), will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose, including, but not limited to, quality control professional development, and marketing.
5.2 By making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as “fair use” under copyright law.
5.3 You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and that these Terms shall be deemed an irrevocable assignment of all such transcripts and recordings, each portion thereof and all intellectual property rights therein to us.
5.4 You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. You agree that we may disclose User Content if required to do so by law or in the good faith belief that disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties, or protect our rights, property or personal safety or that of others.
6.1 You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, illustrations, artwork, audio and video clips, photos, images, tutoring session data and other data or copyrightable materials made available to you in connection with the site, the Software or the Services (collectively, the “Company Content”) are the proprietary works of us and/or our affiliates and/or third party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to Bahamas and foreign copyright laws. Except as expressly authorized by us, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services.
6.2 You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable Bahamian or Foreign laws.
6.3 You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for your own non-commercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for your own non-commercial personal or educational purposes; provided that (i) any permitted copies retain any confidentiality, copyright or trademark notices, and (ii) you will not modify any of the Company Content.
6.4 You acknowledge that except for the limited rights set forth above, you do not acquire any intellectual property right or license in the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.
7. Confidential Information
7.1 You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof.
7.2 You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for individuals who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms.
7.3 You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms.
7.4 You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (I) equitable and injunctive relief to prevent such prohibited use or disclosure, and (II) recover the amount of all damages (including attorney’s fees and expenses) in connection with such prohibited use or disclosure.
8. Assignment & Subcontracting
9.1 The site or the Services may provide links to third party sites (Third Party Sites). You acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not liable for any content, advertising, products, services or other materials on Third Party Sites.
9.2 You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third-Party Sites.
10. Conduct, Fraud, and Consequences of Fraud
10.1 You may only use the Company Content, Software, and the Services for lawful purposes. You are solely responsible for the adherence to all laws pertaining to your use of the Services.
10.2 You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability.
10.3 You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (iii) interfere with or disrupt the Services.
10.4 You agree that you will treat the tutors with respect and not use obscenities in the session, make threats, or discuss matters other than those directly related to the academic subject for which you seek help.
10.5 You agree that you will not disclose any information to a Tutor that could be considered personally identifiable information including any information that could be used to identify or locate you.
10.6 You agree that you will not solicit any such information from any tutor and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
10.7 You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.
10.8 You agree that if you defraud or access our system in any improper way, or allow anyone else to do so, you will be liable to pay us $50 per hour, plus all costs we incur related to detecting and investigating your improper action (a minimum of $250). Further, you explicitly agree that if you have at any time provided us with a valid credit card number for any reason, including initial authorization of your account, you hereby explicitly agree that we may charge your card for the full amount of the time you obtained improperly, plus a minimum of $250 towards our costs.
11. Disclaimer of Warranty; Limitations
11.1 The company content, the site, the services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the company content, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third-party sites.
11.2 Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.
11.3 If your use of the site, the company content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
11.4 Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services.
11.5 You agree not to hold us (or our agents, employees or tutors) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the company content, the services or any portion thereof.
12.1 You agree to indemnify, defend and hold harmless the Company, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms.
12.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
13. Trademark Notice
13.1 The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to the Bahamas and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner.
13.2 We prohibit use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing.
14. Copyrights and Copyright Agents
14.1 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) a notice with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property 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 to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at: firstname.lastname@example.org.
15. Local Laws; Export Control
15.1 Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Bahamas or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering trade relations with the Bahamas or its citizens, you may not use this Site.
16. Modifications to the Service
16.1 We reserve the right to add, change or eliminate features, pricing, nomenclature and other aspects of the Services, and these Terms will continue to apply to the Services as modified. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
17.1 We may terminate these Terms by providing notice of such termination, which shall be effective immediately upon delivery of such notice to the other party.
17.2 We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time, or by terminating your rights to use the site or the Services for any reason.
17.3 In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period.
17.4 You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the site and use of the Services. Upon the termination of these Terms, you will immediately destroy any downloaded or printed Company Content.
18.1 All rights not expressly granted herein are expressly reserved.
18.2 These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
18.3 These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.
18.4 Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested or electronic mail.
18.5 Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other.
18.6 Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
19. Payment and Billing
19.1 You agree to pay all fees for any purchases you make concurrent with your online order. If your payment method is declined and you received the products and/or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products and/or services, we will cancel your order. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
19.2 You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a physical card. We may receive updated information about your payment method from the issuing financial institution.
19.3 You agree to pay all fees and charges incurred in connection with your account at the rates in effect when the charges were incurred.
19.4 When you purchase an online course, webinar or Plan/Membership, we immediately charge the applicable one-time fee to your credit card, or other accepted payment methods, and deposit into your account the number of hours that correspond to your Course, Webinar or Plan/Membership.
20. Satisfaction Guarantee
20.1 Most TutorStation242.com users are happy with our service however we know that persons may occasionally have an unsatisfactory experience. If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and improve our service. To report an unsatisfactory session, you may email us at email@example.com.
21. Cancellation Policy – You can cancel your plan/membership at any time
21.1 If you cancel within the first thirty (30) days of your Initial Plan/Membership (an initial Plan/Membership begins either upon your date of registration for a Plan/Membership), you may receive a 75% refund. After thirty (30) days, you are no longer entitled to any rate of refunds, neither full or partial. To request a refund, you must email us at firstname.lastname@example.org. You may not request a refund by any other means.
21.2 We currently do not have any recurring plans in place rather purchase are made on a one-time payment basis.
22. Force Majeure
22.1 For the purposes of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, power cuts, war, riots, civil, disorder, earthquake, fire, explosion, storm, flood, or other adverse weather conditions, strikes, lockouts or other industrial (except where such strikes, lockouts or other industrial action are within the Power of the party invoking Force Majeure to prevent) confiscation or any other reasonable action.
22.3 Should any Force Majeure occur the Party in delay shall promptly notify the other party and supply adequate evidence thereof within seven (7) days of the occurrence of the Force Majeure. Either party shall be entitled to serve notice to terminate this Agreement forthwith in the event that the Force Majeure continues for more than fourteen (14) days following the date of the aforesaid notice.
22.4 The Tutor/Educator shall give immediate notice to the Company of any claim, notification or thing that may affect the rate of wages or interrupt, delay, or otherwise prejudicially affect the rate of wages or interrupt, delay or otherwise prejudicially affect the provision of the Services and shall with all diligence and expedition conduct all negotiations and proceedings relating thereto in such manner as will best serve the interests of the parties hereunder and to the extent possible in complying with that obligation, in accordance with any direction that may be given by the Company.
23. Refund Policy
23.1 No refunds will be given after that period. The student also will not receive refunds based on any grounds of unsatisfactory experience. A student can only receive a refund for cancellation of the course by either instructor or by will. In the case of student’s canceling by will, they can receive 100% refund within 48 hours after the date and time of his or her selected and purchased session. No full or partial refunds will be given after the 48-hour cancellation period.
24. Governing Law, Personal Jurisdiction, and Venue