TutApp Terms of Service

Effective Date:

Jan 1, 2020

Welcome to TutApp! These Terms of Service are a binding legal agreement between you and Nascent Labs LLC (the creator of the application). BY CREATING A TUTAPP ACCOUNT, WHETHER THROUGH A MOBILE DEVICE, MOBILE APPLICATION OR COMPUTER (COLLECTIVELY, THE “SERVICE”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THIS “AGREEMENT”). IF YOU WISH TO CREATE A TUTAPP ACCOUNT AND MAKE USE OF THE SERVICE, PLEASE READ THIS AGREEMENT.

Account Registration & Termination

TutApp provides services designed to help users connect with individuals to assist them in their academic pursuits and/or school work. You may only have one TutApp account for use of TutApp services. You may not create or use more than one account, and you may not share your account or any of the services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by TutApp. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify TutApp immediately if you suspect any unauthorized use of your account or access to your password. TutApp has the right to terminate your account for any reason at our sole discretion without notice and without liability. You may also not use TutApp to engage in behavior that may cause physical or emotional harm to other users.

Age and Residence Requirements; U.S. Jurisdiction

The Services are available to individuals age 18 and over. You may register for an account regardless of where you live.. All financial transactions will be processed in U.S. dollars. However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TutApp (which is incorporated under Nascent Labs LLC) to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. TutApp operates the Services in the United States. TutApp makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. TutApp is not responsible for confirming the identity or performing background checks on users of the app. TutApp is not responsible for any violence, sexual abuse, or misconduct that occurs between users of the app. All users of TutApp use the app at their own discretion. TutApp encourages users to report any suspicious behavior among users and to meet in public places.

Safety Tips

Always take precautions and follow these guidelines to help you stay safe: Get to know the other person before meeting them offline. Get to know someone through chat before disclosing personal information or meeting in person. We do not conduct criminal background checks on our users, so it’s up to you to do your own research and remain cautious. Always meet in public places. Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment. Please contact legal@thetutoringapp.com to report any abuse.

Proprietary Rights

The Services are owned and operated by Nascent Labs LLC. Unless otherwise explicitly specified by Nascent Labs, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "TutApp Content"), are owned, controlled, or licensed by Nascent Labs. TutApp Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.

Any unauthorized use of TutApp Content is prohibited.

Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties

Your License to Use Site Content

Subject to your compliance with these Terms of Use, TutApp grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the TutApp Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the TutApp Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by TutApp under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without TutApp's prior written permission or as expressly provided in these Terms of Use. When you download or use the TutApp Content as authorized by these Terms of Use, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the TutApp Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any TutApp Content, you may not share that subscription or license with others. TutApp may impose reasonable limits on your scope of access to TutApp Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third party access to or use of that Content.

Social Distribution and Widgets

The TutApp service may allow you but only through express written permission to engage in certain personal uses of TutApp Content that include the ability to share certain TutApp Content with others ("Social Distribution"). For example, the Services may allow you to send certain TutApp Content to friends, display TutApp Content on your personal website or post TutApp Content on a third party web site. You agree that you will not imply that you and TutApp are affiliated in any way or that TutApp approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of TutApp Content.

Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are TutApp Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any TutApp Content made available via any Widget.

NOTICE TO THIRD PARTY SITES

Any TutApp Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of TutApp Content upon notice.

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to TutApp, any TutApp employee or contractor, or a TutApp website, you grant TutApp and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by TutApp, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with TutApp. You agree that TutApp may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with TutApp and third parties through the Services.

You further agree that TutApp is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize TutApp to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

TutApp is not required to host, display, or distribute, and may remove at any time, any User Content. TutApp reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon TutApp's request, you will furnish TutApp any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

Except as otherwise described in the posted Privacy Policy, or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with TutApp is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place TutApp in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of TutApp, and TutApp will not be liable for any use or disclosure of any User Content that you provide.

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TutApp does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.

You agree that TutApp has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that TutApp will not have any obligation to you with regard to User Content and that TutApp may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with TutApp.

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, TutApp may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited User Content includes, but is not limited to, material that TutApp determines:

Prohibited activities include, without limitation:

Service Modifications

TutApp reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by TutApp is not a representation that the Services are working or will always work in that manner, as TutApp is continuously updating the Services, and these updates may not always be reflected in the Terms of Use.

Mobile Use

The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you are responsible for promptly updating your TutApp account information so that any messages or notices from TutApp regarding the Services are sent to you and not to the person who is assigned your old number.

For any of our mobile apps, you agree that the third party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Services, you are responsible for verifying the accuracy of the scanned code before relying on it.

Email and p Message Notifications

Notifications or receipts from TutApp will be delivered to you by email at the address you provided to TutApp when you created your account or as later updated. You may also opt to receive text message reminders from TutApp, as a courtesy to you. You hereby agree and acknowledge that TutApp may contact you via email upon sign up to confirm your account and that TutApp may send you promotional offers. TutApp will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. TutApp will have no responsibility for any misuse of such information if you provide such information via email or text message.

Account Cancellation

You may cancel your account at any time throughout our Services. TutApp may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, comments, likes, and any other data you have shared via the Services may persist within the Service after cancellation of your account.

Credit/Debit Card Processing & Payments

TutApp may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to TutApp) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your TutApp account at all times (either the original card or a replacement). To confirm your card is valid, TutApp may initiate a "pending" charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). TutApp will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. TutApp will store your credit or debit card information and you hereby acknowledge and agree that TutApp may charge you for, and you will pay for, any charges specified on the Services.

Third Party Links, Content and Applications

There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse.

Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party website, and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Linking Policy

TutApp grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that TutApp or the Services are endorsing or sponsoring any third party or its products or services, unless TutApp has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in TutApp's sole opinion, harm TutApp or its products or services; (d) must not use any TutApp trademarks without the prior written permission from TutApp; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in TutApp's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a TutApp web site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, TutApp reserves the right to prohibit linking to any TutApp web site for any reason in our sole and absolute discretion.

Course Searches and Other Information Specific to an Academic Institution

We may tie your TutApp experience to information about the school you have identified to TutApp. For certain schools, the Services enable you to search and retrieve information about the materials required for particular courses. Please be aware that course information and assigned materials may change from time to time, and TutApp may not receive updated information from the school in a timely manner. TutApp is not responsible for any errors in the information provided in the course searches on the Services. Where specific school names or information relate to a specific school are displayed, they do not imply any endorsement or approval by the school. Except where specifically stated, TutApp has no affiliation with nor endorsement from any academic institution, and school names and information are used on the Services only to the extent necessary to organize, identify and permit use of information and sections of the Services that may be tailored to students of a particular school, or for other lawful uses.

Categories of Users

You may use TutApp's homework help services as a "Member" or a "Visitor." "Members" may include a variety of designated levels of members who may be charged for services according to the terms of the particular offer, or registered free members (a "Free Member"), or other membership levels. "Visitors" are users that have not registered for an account with access to and use of certain aspects of the homework help services, which may be restricted and only available to certain Members. The membership levels, the benefits and pricing of each level of membership may vary and are subject to change at any time, please read the terms of any particular level of membership carefully before accepting it. TutApp may modify these levels and benefits from time to time, and each such modification is effective as soon as we post it on the relevant Services except to the extent that your particular pricing structure is established in writing for a period of time in the future, such as an annual plan. It is therefore important that you review the membership page regularly to ensure you are aware of any such changes.

Homework Help, Study Guide and Note Usage

TutApp is not responsible for any cheating taking place between students. The exchange of notes, tests, or any other material to assist in grade increase is not a responsibility of TutApp.. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the help materials. TutApp does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

Outlines, Study Guides and Notes

TutApp may permit users to upload content for the purpose of aiding others in the education and learning process. Users may not post content created or owned by another person and hereby represent and warrant that: (i) each created and is the sole owner of all content posted to Services sites and all rights in such content, including, without limitation, copyright and (ii)the posting of Content on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services. Users of the Services agree to exclude from such content any documents, records or files made accessible to them by (a) your school, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d)any co-student.

In creating study related content, students must respect any intellectual property rights that others may have in content. All content posted on the Services must be independently created, transformative and non-derivative. It should not be a transcript or recording of another's independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarizing material covered in class or in written or recorded materials, but include information raised by students in or outside of class, and independent thought, analysis and commentary. Class notes, for example, must be substantially rewritten after class and include independent thought and analysis, research and information; notes that use a lecturer's words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students, and not permitted on the Services.

Schools may have their own policies that place restrictions on a student's ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies and abiding by them, and discontinuing the use of any Services if such use is contrary to your school policy or the instruction of your professor.

Class notes and study guides are solely for the specific use of students in the designated class for which they are created. Individuals who are not registered for a class may not purchase study guides, class notes or outlines for that class. Check the accuracy of all information from study guides, class notes, answers and outlines - TutApp does not guarantee their accuracy or completeness, they are simply an aid to the study process.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND TUTORS FOR THE PROVISION OF LESSON SERVICES. TUTAPP DOES NOT YET PERFORM AN INITIAL SCREEN OF TUTOR APPLICATIONS AND DOES NOT CONFIRM THE INFORMATION IN THEIR TUTOR PROFILE, THEIR COMPETENCY, THEIR BACKGROUND NOR THEIR PROFIENCY IN THE SUBJECT MATTERS WHERE THEY OFFER THEIR SERVICES. TUTAPP CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY TUTORS FOR USERS, OR THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. TutApp IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S SOLE RISK.

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, Users or other third parties will be limited to a claim against the particular Tutor, User 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 TutApp with respect to such actions or omissions except as authorized by this Agreement. In addition, TutApp is not responsible for the use or exchange of any information or files between Tutors and Users. Further, TutApp does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or 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.

Interaction with Tutors and Use of Lesson Services

TutApp acts as a technology service that facilitates provision of Lesson Services between Users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Lesson Services or contents thereof. TutApp does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third party, of the Site and Services. TutApp does not endorse any Tutors. In addition, although the TutApp Tutor Terms of Service require Tutors to provide accurate information, we cannot confirm or test any Tutor's purported identity or academic qualifications or experience. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. If you ever believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, TutApp urges you to immediately contact the police directly for help.

Tutoring Attachments

Your use of the Site or Services may involve the exchange of file attachments between you and an TutApp Tutor. TutApp is not responsible or liable for the content of such attachments, and such attachments may be viewed by other TutApp users, or by the public generally. You acknowledge sole responsibility for and assume all risk arising from your downloading any such attachments and posting such attachments.

Disclaimer of Warranties

THE TUTAPP WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TutApp AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS AND THIRD PARTY LICENSORS OF CONTENT SOLD THROUGH TutApp (COLLECTIVELY THE "TutApp PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; (B) THE TutApp CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TutApp OR VIA THE SERVICES. IN ADDITION, THE TutApp PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY,NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

WITHOUT LIMITING THE FOREGOING, THE TutApp PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TutApp DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE TutApp PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TutApp PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION's LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE TutApp PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY TutApp. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY TutApp. IN ADDITION, THE TutApp PARTIES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY ENTITY FOR ANY DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, LOSS, CLAIM, OR LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES OR LINKED SERVICES. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. TutApp TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES.

UNDER NO CIRCUMSTANCES WILL TutApp BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES OR LINKED SERVICES, ATTENDANCE AT A TutApp EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH TutApp.

Limitations of Liability; Waiver

IN NO EVENT SHALL THE TUTAPP PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE TutApp CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TutApp PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE's TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TutApp PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE TutApp PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TutApp PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO TutApp IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH TUTAPP.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE TUTAPP PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER TutApp CONTENT OWNED OR CONTROLLED BY THE TutApp PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER TUTAPP CONTENT OWNED OR CONTROLLED BY THE TUTAPP PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity

You agree to defend, indemnify and hold harmless the TutApp Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the TutApp Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and TutApp. You will cooperate as fully required by the TutApp Parties in the defense of any claim. The TutApp Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the TutApp Parties. These indemnity obligations shall survive any expiration or termination of your relationship with TutApp.

Export

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.

Reporting Copyright and Other Intellectual Property Violations

TutApp respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

Legal Disputes

If a dispute arises between you and TutApp, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a "Claim") in accordance with the subsections below.

General. You and TutApp agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and TutApp are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TutApp otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and TutApp otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TutApp submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules.The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable.The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.TutApp will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.However, if your claim for damages does not exceed $75, 000, TutApp will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose(as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

If TutApp changes this Legal Disputes section, you may reject any such change by sending us written notice(including by email to legal) within 30 days of the date such change became effective, as indicated in the "Last Updated" date.By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TutApp in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use(or accepted any subsequent changes to these Terms of Use).

This "Legal Disputes" section shall survive any expiration or termination of your relationship with TutApp.

Policies

When using the Services, you are subject to any posted policies or rules applicable to features you use through the Services, including without limitation the General Policies and all policies referenced in the General Policies or elsewhere in this Agreement. All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time.

TutApp Discount Codes, Bonuses, Coupons, Loyalty Programs, Points Programs & Other Promotions

From time to time, TutApp may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations; certain promotions may not apply in certain jurisdictions where prohibited by law. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that TutApp, in its sole discretion, may deny payment or benefits (e.g., when it believes improper activity has occurred or when a code has expired). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).

Tax

Any income created by the use of TutApp is expected to be reported to the state in which you reside. Tax rates are different from state to state. You are responsible for paying all such taxes.

Transactions

The TutApp service may be used to find and offer tutoring services and to facilitate payment, but all transactions conducted via the TutApp service are between students and Service Providers (tutors). You agree that TutApp has no liability for damages associated with tutoring Services (which may include bodily injury to, or death) or resulting from any other transactions between users of the TutApp Service.

Bookings

Students and Service Providers (tutors) transact with each other on the TutApp Service when they both agree to a “booking” that specifies the fees, tutoring session duration, cancellation policy, and other terms for provision of tutoring services via the booking mechanism provided on the TutApp Service (a “Booking”). A Booking may be initiated by either a Service Provider (tutor) or a student by selecting the type(s) of tutoring services to be provided and then following the prompts that appear on-screen. If you are a student and you initiate a Booking, you agree to pay for the tutoring Services described in the Booking when you click “Request & Pay.” If you are a student and a Service Provider initiates a Booking, you agree to pay for the tutoring Services described in the Booking when you click “Pay Now.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

TutApp Honor Code

We work diligently to prevent misuse, but ultimately, the choice to act with academic honor and integrity is your own. We require every user and member to abide by our Honor Code.

You may not use any of the solutions, answers, materials or information available on or through the Services, to cheat. Examples of misconduct include:

  1. Submitting any exam or homework solutions so others can view.
  2. Passing along any solutions, answers, materials or information from the Services as your own.
  3. Any other violation of your instructor's or school's academic honor code.
  4. Mistreating tutors or students by physically harming or verbally abusing (insulting or bullying)

We will take swift action against anyone found violating this Honor Code. If TutApp is presented with evidence that its Services have been used in a manner contrary to its code, TutApp may, in its sole discretion, remove the materials and terminate the account of the involved users.

A message to students:

The TutApp team understands that finding people to help you in your school classes can be difficult and time consuming. That being said, please be careful and use wise judgement before meeting anyone in person in a private place. We recommend you meet at school libraries and not in private living spaces. We recommend that you adhere to the school policies and honor code at your respective schools. We do not support any cheating or inappropriate use of TutApp.

A message to educators:

We are always seeking opportunities to work with educators in making our app a valuable resource for both you and your classroom for years to come. If you would like to contact us please email us at legal@thetutoringapp.com.

Miscellaneous

Unless otherwise stated in this agreement, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions will continue in full force and effect. The failure of TutApp to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with TutApp.

Changes

TutApp may modify the Terms of Use including the linked policies contained herein from time to time, without prior notice. By using our Services after we have updated the terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward.

Entire Agreement

The then-current TutApp Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and TutApp regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of TutApp, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether TutApp signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with TutApp.

TutApp LLC is not affiliated nor supported by any universities. It is an independent company that offers its services exclusively to students attending colleges or universities.

If there are any inquiries regarding any of the information above please contact us at legal@thetutoringapp.com.