Tutorchest.com Terms of Use
Last Updated: Aug 18th, 2021
The Tutor Chest, LLC Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals may use the Tutorchest.com or Educationchest.com Sites and/or the Tutorchest.com and Educationchest.com Services (as defined below). Certain Tutorchest.com and Educationchest.com Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Additional Terms"). Tutorchest.com and Educationchest.com is registered to Tutor Chest, LLC.
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to, and accept these Terms and any applicable Additional Terms in their entirety when you register as a user of the Site or Services ("Registered Users").
These Terms include the Tutor Chest, LLC Privacy Policy. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Sites or the Services.
These Terms are subject to change by Tutor Chest, LLC herein referred to Tutorchest.com or Educationchest.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.tutorchest.com and www.educationchest.com and any other websites, web pages, mobile applications and mobile websites operated by Tutor Chest, LLC ("Tutorchest.com" or "we") in the United States, and the "Services" shall mean any of the various services that Tutorchest.com and Educationchest.com provides through the Site or any other channels, including without limitation, over the telephone.
However, the terms "Site" and "Services" do not include or involve the following:
- Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by other subsidiaries, or Third-party entities and providers that have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications.
Description of Services; Limitations; User Responsibilities
Tutorchest.com offers various services to help its users search, schedule, and connect quality tutors with parents. The Services we offer include, among others:
- We enable individuals who provide tutoring or educational services and resources to post profiles, share availability and resources on the Site (hereinafter "Tutors"). We enable individuals to seek tutoring services or educational resources (hereinafter "Parents").
- The Services consist of an online platform through which Tutors may offer classes or sessions for sale to Parents, and Parents may purchase such classes and sessions for the benefit of their children.
- We provide search functionality on the Site to allow Parents to narrow the pool of Tutors they are interested in meeting based on their needs and preferences, and we provide a communication platform that allows Tutors and Parents to communicate.
- We offer a variety of Services to help our users find, coordinate, and maintain tutoring for their families. However, we do not employ any Tutors or Parents. Tutors and Parents are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws). We do not have control over the quality, timing, or legality of the services delivered by Tutors, or of the integrity, responsibility or actions of Parents and we neither refer or recommend Tutors or Parents, nor make any representations about the accuracy or ability of the services provided by Tutors or the integrity, or actions of Tutors or Parents whether in public, private or offline interactions.
- We provide resources, webinars, links, events, and information to help Tutors and Parents make more informed decisions, such as, "How to help your child with reading at home."
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
Limitations of our Services
- Through the Browse Tutors Search we provide parents with a list of potential tutors to consider. Through this we are not endorsing any tutor nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
- Tutors and Parents content is user generated, and we do not control or verify the content for accuracy. Tutorchest.com does not assume any responsibility for the accuracy or reliability of any information provided by Tutors or Parents on or off this Site. We do not assume any liability that may result from the use of information provided on our Site.
- We are not an employment agency, and we do not secure or procure employees for any Tutors or Parents.
- Tutorchest.com is not responsible for the conduct, whether online or offline, of any Tutors, Parents, or other user of the Site or Services. Tutorchest.com does not assume any liability that may result from the use of information provided on our Site. All users hereby expressly agree not to hold Tutorchest.com liable for the actions or inactions of any Tutors, Parents or other third party for any information, instruction, advice or services which originated through the Site, and, Tutorchest.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
- We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Tutors or Parents.
- We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
- There is no screening of a Tutor or Parent. Information by Tutorchest.com is limited and should not be taken as complete or accurate. Registered Users are responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Tutor or Parent for themselves or their family.
- We offer, as part of the functionality, the ability for Tutors and Parents to exchange and share information. Tutorchest.com s not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services, video conferencing platforms, board of educations, educational software companies, educational tools, books, etc. Tutors and Parents shall be solely responsible for agreeing to and complying with the terms of service, contracts, and laws of outside businesses, organizations, corporations, school districts, state education departments, copyright laws, etc.
- Each Parent and Tutor is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Tutor they select as well as that Tutor's eligibility to work in the US.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
- You intend to use the Site and Services for the purpose of finding or managing tutor or tutor-related jobs, or for finding or sharing information relating to education or tutoring.
- Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
- If you are registering to be a Tutor, you must be permitted to legally work within the United States.
- You intend to use the Site and Services for the purpose of finding or managing tutor or tutor-related jobs, or for finding or sharing information relating to education or tutoring.
- Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- You must not be a competitor of Tutorchest.com or using our Services for reasons that are in competition with Tutorchest.com.
Rules for User Conduct and Use of Services
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent and warrant as follows:
- Any Content that you post, upload, or transmit to or through the Site or Services is solely for the purpose of finding or managing tutor or tutor-related jobs, or for finding or sharing information relating to education and tutoring.
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name, even if you are seeking tutoring for another individual or family member.
- You are solely responsible for any content that you post on the Site, or transmit to other users of the site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Tutorchest.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Tutorchest.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held.
- You understand and agree that Tutorchest.com may, in its sole discretion, review, edit, and delete any Content, that in the sole judgment of Tutorchest.com violates these Terms or which Tutorchest.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others
- You have the right, and hereby grant, to Tutorchest.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Tutorchest.com will not infringe or violate the rights of any third party.
- Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
- Tutorchest.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
- Any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Tutorchest.com and we may use all such communications, all without notice to, consent from, or compensation to you.
- As Tutors and Parents Content is primarily user generated, we do not control or check for accuracy. Users represent, understand, and agree to hold Tutorchest.com harmless for any misstatement's misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Tutorchest.com, are those of their respective authors. Such authors are solely responsible for such content. Tutorchest.com does not guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Tutorchest.com or its Affiliates be responsible for any loss or damage resulting from information or other content posted on the Site or transmitted to or by any user of the Site or Service.
You agree that Tutorchest.com has no obligation to remove any information posted on the Site about you or any other person or entity.
If you are a Parent, you may use your account only to find tutoring for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian or another Parent with whom you are entering a shared childcare arrangement. If you are a Tutor, you may use your account only to find tutoring jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
By using the Site or Services of Tutorchest.com, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Tutorchest.com or for the promotion of illegal activities;
- harass, abuse or harm another person or group, or attempt to do so;
- use another user's Tutorchest.com account;
- provide false or inaccurate information when registering an account on Tutorchest.com, using the Services or communicating with other Registered Users;
- attempt to re-register with Tutorchest.com if we have terminated your account for any or no reason;
- interfere or attempt to interfere with the proper functioning of Tutorchest.com's Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
- use the communication systems provided by or contacts made on Tutorchest.com for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Privacy
Tutorchest.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Tutor Chest, LLC Tutorchest.com and educationchest.com harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Tutor, Parent or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Tutors, Parents or other users of the Site or the Services.
Age Restrictions
Tutorchest.com is intended for people 18 or over.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS.
These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals may use the Tutorchest.com Site and/or the Tutorchest.com Services.
This Agreement contains an Agreement to Arbitrate, which will, require you to submit claims you have against Tutorchest.com to binding and final arbitration. (1) you will only be permitted to pursue claims against Tutorchest.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms include the Tutorchest.com Privacy Policy. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
Payment And Refund Policy
Tutorchest.com charges an annual fee for certain functions, features, and resources. In addition, The user is responsible for any state or local sales taxes associated with the services or products. For certain Parents who enroll in Tutorchest.com and receive access to a paid membership subscription through their employer's or school’s program, the related subscription fee is paid by their employer or school, and the Parent has no obligation to pay the automatically renewing subscription fee associated so long as the subscription remains part of the employer's benefits program.
If you sign up for a Tutorchest.com paid membership, you agree to pay Tutorchest.com all charges associated with the subscription. You also authorize tutorchest.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription. Tutorchest.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
We offer through Stripe, Inc., ("Stripe"), a third party, payment for a membership fee for Tutor Providers and Tutor Seekers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, Tutor Providers and Tutor Seekers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Tutorchest.com enabling payment processing services through Stripe, you agree to provide Tutorchest.com accurate and complete information about you, and you authorize Tutorchest.com to share it and transaction information related to your use of the payment processing services provided by Stripe. Tutorchest.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES AND CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
You may cancel your paid membership subscription at any time by following the instructions in your account settings. If you cancel a paid membership, you will be permitted to use your membership until the end of your then-current term. Your paid membership will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or resources, even if you cancel your membership or a subscription, service, or product in the middle of a term.
Disclaimers
- You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions.
- Tutorchest.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.
- By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Tutorchest.com from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by Tutorchest.com in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Tutor Seeker or Tutor Provider using the Site or Services. Users further agree to hold harmless Tutorchest.com from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
Consent to Electronic Communication
By using the Site or Services of Tutorchest.com, you agree to allow Tutorchest.com to communicate with you electronically, and you consent to electronic delivery of notices, documents from Tutorchest.com via the Tutorchest.com Site, mobile application, online messaging platform, or e-mail.
Contact Information
If you have any questions or need further information as to the Site or Services provided by Tutorchest.com, or need to notify Tutorchest.com as to any matters relating to the Site or Services please contact us at: