Last updated: June 20, 2022 at 04:11 PM
These Terms of Use (“Terms”) govern your (“you” or “your”) use of website located at tutoringclub.com, our online, mobile, and/or other software and related systems and platforms, as well as any in-person, telephone, or other offline locations or through other aspects of Tutoring Club’s business (collectively, the “System”), which is owned and operated by Tutoring Club (“Tutoring Club”, “we”, “us”, “its” or “our”). Access and use of the System is provided by Tutoring Club to you on condition that you accept these Terms of Use, and by accessing or using the System, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use the System.
Tutoring Club may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the System periodically. Your continued access or use of the System after any such changes are posted will constitute your acceptance of these changes.
User Accounts
You must be over the age of 18 to access, use, or register with the System. You also agree to provide true, accurate and complete registration information when you create a user account.
Privacy
Your use of the System is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the System. Your continued use of the System constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to the policy.
Communication Preferences
If you register with the System, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such, as newsletters, special offers, announcements and surveys. You may opt out of some these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.
Geographic Restrictions
You may not be able to access all or some of the content and services of the System outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Use of the System
The System and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of Tutoring Club in accordance with these Terms and Conditions. You may not use this System or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the System or the Content without, or in violation of, a written license or agreement with Tutoring Club; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the System or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Tutoring Club product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access Tutoring Club’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the System or the Content other than for its intended purpose, as determined solely in Tutoring Club’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this System or any system resources, services or networks connected to or accessible through this System; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.
Information and Press Releases
The System may contain information, news, and press releases in connection with its Content. As further elaborated below, the System and its Content are provided “AS IS.” Without limiting the foregoing, Tutoring Club disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.
Content Posted on the System
The System may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor content posted on the System, but are under no obligation to do so. You may be exposed to content on the System that is inaccurate or deceptive, or that you find offensive or objectionable.
We may remove any Content for any or no reason in our sole discretion.
Intellectual Property
All Content (including the organization and presentation of such Content) on the System is the property of Tutoring Club and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, service marks, trade names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Tutoring Club, any use not expressly set forth herein of this Content without Tutoring Club’s written permission is prohibited.
Tutoring Club, and any other trademark, service mark, trade dress, and/or other indicia of source contained in the System (“Marks”) are owned by Tutoring Club, its affiliates, suppliers, or licensees or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tutoring Club. You may not use metatags or any other “hidden text” utilizing “Tutoring Club” or any other mark without our prior written permission. In addition, the look and feel of the System, including all page headers, custom graphics, button icons and scripts, is owned by Tutoring Club and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Currency of System
Tutoring Club updates the information on this System regularly. However, Tutoring Club cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the System. Tutoring Club may revise, supplement or delete information, services and/or the resources contained in the System and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Third-Party Materials
The System may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third-Party Materials”). Such Third-Party Materials may be referenced by links on the System, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third-Party Materials and links thereto does not imply that Tutoring Club monitors or endorses these links or Third-Party Material. You acknowledge and agree that Tutoring Club is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Tutoring Club does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another System, you should read and understand that System’s privacy statement before disclosing any personal information.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the System. Computer viruses or other destructive programs may also be inadvertently downloaded from the System.
Tutoring Club shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this System or your downloading of any of the Content from this System. Tutoring Club recommends that you install appropriate anti-virus or other protective software.
System and Materials Provided “As Is”
THIS SYSTEM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Tutoring Club DOES NOT REPRESENT OR WARRANT THAT THIS SYSTEM OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SYSTEM AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL Tutoring Club OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SYSTEM, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SYSTEM OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Tutoring Club harmless against all claims or liability asserted against Tutoring Club arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act
Tutoring Club respects the copyright 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 Tutoring Club with a written communication including substantially the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the System;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice 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.
Please address your letter to:
Tutoring Club, 9985 Ellis Ave, Fountain Valley, CA 92708 US or via email: contactus@tutoringclub.com
Feel free to email us, however, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Tutoring Club is not liable for any damages related to communications to or from the System. You agree with respect to any information provided by you to us through this System or via e-mail that:
- Tutoring Club has no obligation concerning such information;
- the information is non-confidential;
- Tutoring Club may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
The System is controlled, operated and administered by Tutoring Club from within the state of Nevada. This System can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this System, you acknowledge and agree that all matters relating to access to, or use of this System shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
General
Tutoring Club’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this System or these Terms of Use, you may contact us at Tutoring Club, 9985 Ellis Ave, Fountain Valley, CA 92708 US. contactus@tutoringclub.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to Tutoring Club.