Tutor Terms of Service
TUTOR TERMS OF SERVICE
Last Updated: June 3, 2014
• Welcome to BuddySchool! Your use of our services as a Tutor (defined below), including the services we make available through this website (the "Site") and any materials, software or services offered by us in connection with this Site (the "Services") is governed by these terms of service (the "Terms" or "Tutor Terms of Service"), so please carefully read them before using the Services. For the purposes of these Terms, "we", "our", "us" "BuddySchool" and the "Company" refer to Blue Media LLC, the providers and operators of the Services.
• In order to use the Services as a Tutor, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization or individual, you are agreeing to these Terms for that organization or individual and promising that you have the authority to bind that organization or individual to these Terms. In that case, “you” and “your” will also refer to that organization or individual, wherever possible. The BuddySchool User Terms of Service, accessible at https://buddyschool.com/info/user-terms-of-service are incorporated herein by reference and apply to use of the Services as a Student (defined below) and as a user generally.
• You must be over 18 years of age to use the Services as a Tutor, and individuals under the age of 18 cannot use or register for the Services as a Tutor.
• You agree your use of the Services is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by BuddySchool or any of its affiliates regarding future functionality or features.
• THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT BUDDYSCHOOL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF BUDDYSCHOOL. BUDDYSCHOOL HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
• YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
2. DESCRIPTION OF SERVICES
• BuddySchool provides an online platform that allows tutors ("Tutors") and individuals seeking tutoring or educational services ("Students") to connect with one another with the goal of allowing Tutors to offer tutoring or educational services ("Lesson Services") to Students ("Students" and "Tutors" shall also be referred to hereinafter, collectively, as "Users").
• The Company makes available to Users such functionalities as: search engine for listing and finding Tutors, user profiles, contacts, notebook, reminders, calendar, outbox and inbox, chat, and options to attach didactic materials. Further information about functionalities can be found at: buddyschool.com/faq.html.
• BuddySchool is not a provider of tutoring services. BuddySchool’s role is solely to facilitate the availability of the Site and Services. Similarly, BuddySchool is not a contracting agent or representative of any Tutor or Student. Tutors are independent contractors and are not employees or agents of BuddySchool. As a Tutor, you agree that you are an independent contractor, that you are not an employee or agent of BuddySchool, and that nothing in this Tutor Terms of Service will be construed as establishing an employment or agency relationship between you and BuddySchool. You have no authority to bind BuddySchool by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Lesson Services in connection with this Tutor Terms of Service or as related to the Services or Site, as well as the price for your Lesson Services, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by BuddySchool to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by BuddySchool pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
• You agree that you are fully and solely responsible for all goods and services that you provide using the Services and for any and all injuries, illnesses, damages, claims, liabilities and costs that you cause to other Users.
• We have the right, but not the obligation, to monitor any activity and content associated with these Services.
• BUDDYSCHOOL DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR USER CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY USER OR USER CONDUCT. BUDDYSCHOOL ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
3. REGISTRATION AND ACCOUNT CREATION
• In order to use the Services, you will be required to register as a user and to provide us with personally identifiable information, including potentially your name, country of residence, time zone, email address, phone number, username and password ("Credentials"). Registering for the Services is free of charge.
• When you register with BuddySchool and set up your account ("Account"), you: (i) agree to provide BuddySchool with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize BuddySchool, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
• We handle your personally identifiable information with the utmost attention, care and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.
• You will be asked to create a user profile (a "Profile") in the course of registering for the Services. You may edit and update your Profile freely, and may also upload an image of yourself to use as a profile picture ("Profile Photo"). Creating a Profile Photo is voluntary, and you may remove your Profile Photo at any time.
• You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Tutors and (ii) other persons to participate in providing Lesson Services from your Account.
• IF YOU REGISTER VIA THE SITE AND SERVICES TO SERVE AS A TUTOR, YOU REPRESENT AND WARRANT TO BUDDYSCHOOL THAT YOU (I) HAVE REQUISITE KNOWLEDGE IN THE SUBJECTS YOU SELECT VIA THE SERVICES TO PROVIDE LESSON SERVICES IN SUCH SUBJECTS TO USERS; (II) WILL UTILIZE STUDENT-PAID LESSON SERVICES SOLELY TO PROVIDE RELEVANT LESSON SERVICES; AND (III) WILL NOT PROVIDE LESSON SERVICES TO PERSONS UNDER 13. YOU UNDERSTAND AND AGREE THAT USERS WILL CONTACT YOU VIA THE SITE AND SERVICES AND REQUEST THAT YOU PROVIDE LESSON SERVICES, AND THAT YOU WILL BE ABLE TO DETERMINE IN YOUR OWN DISCRETION THE RATE THAT YOU WOULD LIKE TO CHARGE FOR YOUR SERVICES (SUBJECT TO THE SERVICE FEE CHARGED BY BUDDYSCHOOL, DESCRIBED FURTHER BELOW). YOU HAVE NO OBLIGATION TO PROVIDE ANY LESSON SERVICES UNLESS YOU CONTRACT WITH A STUDENT TO DO SO IN A SPECIFIC INSTANCE OR INSTANCES, AND ANY LESSON SERVICES YOU MAY CHOOSE TO PROVIDE ARE IN YOUR SOLE DISCRETION.
4. USER-UPLOADED CONTENT
• You acknowledge that you may be able to create, transmit, publish or display information (such as data, text, graphics, videos, messages or other materials) through use of the Services. All such information is referred to below as the "Content".
• You agree that you are solely responsible for (and that BuddySchool has no responsibility to you or to any third party for) any Content that you create, transmit, publish, display or otherwise make available while using the Services, and for the consequences of your actions (including any loss or damage which BuddySchool may suffer) in connection with such Content. Furthermore, you acknowledge that BuddySchool does not control or actively monitor Content uploaded by other users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will BuddySchool be liable in any way for any such Content.
• You agree that BuddySchool has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up any such Content.
• BuddySchool reserves the right (but shall have no obligation) to remove any or all Content from the Services. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from BuddySchool. In the event that you elect not to comply with a request from BuddySchool to take down certain Content, BuddySchool reserves the right to directly take down such Content.
5. TUTOR RESPONSIBILITIES
• As a Tutor, you acknowledge and agree to the following:
o BuddySchool acts as an online service that facilitates the provision of Lesson Services between Tutors and Students and does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Tutor's Lesson Services, nor will BuddySchool be held responsible for any Tutor's failure to comply with any laws, regulations, or contractual obligations to Students. Without limiting the terms of the “Limitation of Liability” section below, BuddySchool is not responsible for the use or exchange of any information, files or goods between Tutors and Students. Further, BuddySchool does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Tutors or Students, including, without limitation, the Lesson Services provided or other information made available by Users through the Site and Services.
o You are solely responsible for your interactions with Students. You understand that BuddySchool bears no obligation to screen Students in any way. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Lesson Services and disclosing personal information to Students. You agree to take reasonable precautions in all interactions with Students. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of Lesson Services is at your sole risk and discretion.
o BuddySchool reserves the right to contact Tutors and Students, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a Student or another Tutor has violated the law or is defrauding, threatening or endangering anyone, BuddySchool urges you to immediately contact the police directly for help.
o You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Lesson Services.
o You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Lesson Services.
o You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Lesson Services.
o You will not record or otherwise store any Lesson Service sessions that you provide through the Site or Services.
o You will not use the Site or Services or provide Lesson Services in any manner that harasses a Student or another Tutor or could interfere with any other party's use or enjoyment of the Site, Services or Lesson Services. You will respect the privacy of others and not use the Site, Services or Lesson Services for unwelcome, rude or abusive communications or in any other manner as determined by BuddySchool in its sole discretion.
o You may not use the Site or Services to contact a User to meet in person. You may not provide Lesson Services to a Student outside of the Site or Services, nor will you attempt to obtain payment or compensation for Lesson Services except in accordance with the “Payments” section, below.
6. CONSENT TO BACKGROUND CHECK
• IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES AS A TUTOR AND AN INDEPENDENT CONTRACTOR OF BUDDYSCHOOL, YOU ACKNOWLEDGE AND AGREE THAT BUDDYSCHOOL MAY, IN ITS DISCRETION AND FOR ITS OWN BENEFIT, OBTAIN INFORMATION FROM THIRD PARTIES CONCERNING YOUR CREDIT HISTORY, CRIMINAL HISTORY, SOCIAL SECURITY VERIFICATION, MOTOR VEHICLE RECORDS, VERIFICATION OF YOUR EDUCATION OR EMPLOYMENT HISTORY, OR OTHER BACKGROUND CHECKS. THE COST OF SUCH AN INVESTIGATION WILL BE COVERED BY BUDDYSCHOOL. IF REQUESTED BY BUDDYSCHOOL, YOU AGREE TO PROVIDE YOUR WRITTEN AND/OR ELECTRONIC CONSENT TO SUCH AN INVESTIGATION.
• If you register to use the Site and Services as a Tutor and provide Lesson Services via the Site and Services, you may be entitled to receive a payment from Students for the provision of Lesson Services (“Tutor Payment”). You may determine the amount that you wish to charge for your Lesson Services in your discretion, and this information will be displayed publicly in our searchable database. When a Student signs up for a Lesson Service session (or sessions) with you, we will obtain the requested Tutor Payment from him or her, and once the Lesson Service session (or sessions) is completed, we will transfer the Tutor Payment to you, minus our service charge (the “Service Charge”). The Service Charge shall consist of a percentage of the total Payment, at the rate specified in our Tutor Pricing Terms, available at https://buddyschool.com/info/pricing-terms.
• In order to receive Tutor Payments from BuddySchool, you will be required to create an account with our third party payment processor. Tutor Payments will be remitted to you via the account you create with such third party payment processor within a commercially reasonable time after your provision of Lesson Services to a User. You are solely responsible for ensuring that you will be able to transfer money from the third party payment processor.
• You acknowledge and agree that BuddySchool reserves the right, in its sole discretion, to prospectively modify its rate for Service Charges at any time. If we modify the rates for Service Charges, we will post the modified rates on the Site with thirty (30) days advance notice of the modification effective date or otherwise provide you with notice of the modification. By continuing to provide Lesson Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Service Charge rates. If the modified Service Charge rates are not acceptable to you, your only recourse is to cease providing tutoring services via the Site and Services.
• Please note that if a Tutor Payment sent by BuddySchool to you in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason (e.g. a Student requests a refund), you will be liable to BuddySchool for the full amount of such Tutor Payment that BuddySchool sent to you and any fees related there to. This means that you will be responsible for reimbursing BuddySchool in the event of a chargeback, reversal of payment or other claim by a Student in this regard. You will also be responsible for the applicable Service Charge if you fail to provide Lesson Services that you previously agreed to provide to a Student, and BuddySchool is forced thereby to return the Tutor Payment to the Student. You agree that any amounts owed by you to BuddySchool may be deducted directly from future Tutor Payments to you.
• IRS regulation regarding federal tax reporting requirements stipulate that BuddySchool must collect an IRS Form W-9 from any individuals in the United States that it employs, including independent contractors. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. You will report to all applicable government agencies as income all compensation (including Tutor Payments) received by you for services performed in connection with this Tutor Terms of Service (including Lesson Services), the Services, or the Site. We cannot and do not offer tax advice to any Tutors on the Site and Services.
9. NO ENDORSEMENT
• BuddySchool does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Students. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Students or other third parties will be limited to a claim against the particular Tutor, Student or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from BuddySchool with respect to such actions or omissions. In addition, BuddySchool is not responsible for the use or exchange of any information or files between Users. Furthermore, BuddySchool does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by or between Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services. BUDDYSCHOOL ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION, AND SOLELY FOR ITS OWN BENEFIT.
• BuddySchool is not liable for potential settlements between the Users, created in the result of using the Services or its individual services, nor is it liable for potential settlements with tax bodies appropriate for the Users, arising from cooperation between the Users. BuddySchool is not liable for any damages and losses incurred by the Users arising from cooperation or interactions between the Users within the Services.
10. PROPRIETARY RIGHTS
• You acknowledge and agree that BuddySchool (or BuddySchool’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
• All trademarks, service marks, logos and designs used by BuddySchool in providing the Services, whether registered or unregistered, are owned by BuddySchool or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by BuddySchool or its affiliates without our prior written consent.
• Except as provided in Section 11, BuddySchool acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BuddySchool, you agree that you are responsible for protecting and enforcing those rights and that BuddySchool has no obligation to do so on your behalf.
11. LICENSE FROM YOU
• BuddySchool makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, in using the Services, you do grant to BuddySchool and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) for the purpose of enabling BuddySchool to provide you with the Services.
• You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, post or otherwise make available to or through the Services.
12. GENERAL RESTRICTIONS ON USE
• To ensure that the Services are only used and accessed for educational purposes, you agree that you will not (and you may not permit anyone else to) do any of the following while using the Services:
o engage in Tutor/Student communications that are unrelated to learning or the subject of the relevant Lesson Services, including without limitation communications that solicit or disclose personally identifiable information such as full name, age and city of residence;
o upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
o harm minors in any way;
o impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
o upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
o upload, post, email, transmit or otherwise make available any material that 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;
o attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
o use the Services to solicit users directly for commercial purposes without the prior written consent of BuddySchool, except in those areas that are designated for such purpose;
o create multiple accounts or otherwise attempt to access the Services in a manner intended to avoid incurring fees or Service Charges.
o disrupt the normal flow of communication on the Services or otherwise act in a manner that negatively affects other users' ability to use the Services;
o interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
o access or use the Services in any way that is harmful to BuddySchool or other Users;
o intentionally or unintentionally violate any applicable local, state, national or international law;
o access the Services from territories where its contents are illegal is prohibited (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
o provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
o "stalk" or otherwise harass another user;
o use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services;
o collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
o access the Services for the purpose of bringing an intellectual property infringement claim against BuddySchool or for the purpose of creating a product or service competitive with the Services.
• BuddySchool may refuse to store, provide, or otherwise maintain your Content for any or no reason. BuddySchool may remove your Content from the Services, terminate your account, and prevent or limit your access to the Services at any time if you violate these Terms or if the Services are canceled or suspended. If Content is stored using the Services with an expiration date, BuddySchool may also delete the Content after such expiration date. Content that is deleted may be irretrievable.
• You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.
• By using the Services, you consent to receiving electronic communications from BuddySchool. These communications will include notices about your account (e.g. receiving e-mails and other transactional information) and information concerning or related to our Services, such as featured content or other announcements.
• You may review your personal information and request changes to be made to your personal information at any time either through your Profile or by contacting us.
• BuddySchool reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.
14. PAID SERVICES
• BuddySchool may choose to offer a number of paid services ("Paid Services") in connection with the Services, including, but not limited to, a paid advertisement service for Tutors. Please see our Pricing Terms at https://buddyschool.com/info/pricing-terms for a full description of our Paid Services.
• We reserve the right to modify pricing for any and all portions of our Services at any time – including any portions of the Services currently being provided free of charge – without prior notice to you and in our sole discretion.
15. DISCLAIMER OF WARRANTY
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
• THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE. BUDDYSCHOOL DOES NOT WARRANT THAT PROVISION OF LESSON SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.
• YOU ACKNOWLEDGE AND AGREE THAT BUDDYSCHOOL DOES NOT HAVE AN OBLIGATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH CRIMINAL BACKGROUND CHECKS OR SCREENING OR INTERVIEWS IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR STUDENTS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT BUDDYSCHOOL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, STUDENTS AND OTHER USERS OF THE SITE OR SERVICES. BUDDYSCHOOL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, STUDENTS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
• NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
16. LIMITATION OF LIABILITY
• SUBJECT TO SECTION 15 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
• THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
• SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO BUDDYSCHOOL FOR ITS SERVICES IN THE PAST 12 MONTHS (THIS INCLUDES ANY SERVICE CHARGES THAT BUDDYSCHOOL HAS DEDUCTED FROM TUTOR PAYMENTS PAID TO YOU) OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
• You agree to hold harmless and indemnify BuddySchool, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “BuddySchool and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
18. COPYRIGHT POLICY
• We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
• DMCA Notice of Alleged Infringement (“Notice”)
o Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
o Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
o Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
o Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
o Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:
BLUE MEDIA LLC
5205 PROSPECT RD STE 135
SAN JOSE CA 95129-5034
19. MODIFICATION AND TERMINATION OF SERVICES
• You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
• You agree that BuddySchool, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that BuddySchool will not be liable to you or any third party for such termination.
• You are solely responsible for exporting your Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
• Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
20. CHANGES TO THE TERMS
• BuddySchool reserves the right, at its sole discretion, to modify these Tutor Terms of Service, at any time and without prior notice. If we modify these Tutor Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Tutor Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Terms of Service. If the modified Tutor Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
21. THIRD-PARTY CONTENT
• You may be able to access or use certain third party services, resources, content or information (“Third Party Materials”) through your use of the Services. You acknowledge that you are solely responsibility for and assume all risk arising from your access to or use of any such Third Party Materials, and BuddySchool disclaims any liability that you may incur arising from your access to or use of such Third Party Materials through your use of the Services.
• You acknowledge and agree that BuddySchool: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.
• Through our Services, we do not imply any endorsement of Third Party Materials or any such third party services.
22. THIRD PARTY SOFTWARE
• The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
• You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BuddySchool under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
25. CONTACT US
• If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Site or the Services, please contact us at: email@example.com.
• When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.