Last Updated: July 30, 2020
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 are subject to change by Tutorchest.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. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. 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 any other websites, web pages, mobile applications and mobile websites operated by Tutorchest.com ("Tutorchest.com" or "we") in the United States, and the "Services" shall mean any of the various services that Tutorchest.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. 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.
- Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) that have separate terms of service that do not expressly incorporate these Terms by reference. Any site other than Tutorchest.com are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
- Third-party entities and providers that may use the Tutorchest.com Site or Services to market their services and/or recruit employees. Such entities' use of the Tutorchest.com Site and Services are subject to separate terms.
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 services to post profiles and share availability on the Site ("Tutor Providers"). We enable individuals seeking tutor services (Tutor Seekers) such as private or cohort tutoring, online, or in-person tutoring search on the Site.
- The Services consist of an online marketplace and platform through which Tutor Providers 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 Tutor Seekers and individual Tutor Providers to narrow the pool of Tutor Providers they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Tutor Seekers and Tutor Providers to communicate.
- The Site enables Registered Users to communicate and share information with other Registered Users who share a common interest or bond.
- We offer a variety of Services to help our users find, coordinate, and maintain tutoring for their families. However, we do not employ any Tutor Providers or Tutor Seekers. Tutor Providers and Tutor Seekers 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 actually delivered by Tutor Providers, or of the integrity, responsibility or actions of Tutor Seekers or Tutor Providers and we neither refer or recommend Tutor Seekers or Tutor Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Tutor Providers or the integrity, responsibility or actions of Tutor Seekers or Tutor Providers whether in public, private or offline interactions.
- Through the Browse Tutors Search we may provide families with a list of potential individuals to consider based on the information the family provides us regarding their and their loved one's needs and preferences. In providing these services we, nor the respective tutor we are making a referral to, or endorsing, any individual, company or agency nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
- Tutor Seeker and Tutor Provider content is primarily user generated, and we do not control or verify user generated content for accuracy. Tutorchest.com does not assume any responsibility for the accuracy or reliability of any information provided by Tutor Providers or Tutor Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
- Tutorchest.com is not responsible for the conduct, whether online or offline, of any Tutor Seeker, Tutor Provider, or other user of the Site or Services. Moreover, Tutorchest.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Tutor Seekers and Tutor Providers, hereby expressly agree not to hold Tutorchest.com liable for the actions or inactions of any Tutor Seeker, Tutor Provider or other third party or 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.
- Any screening of a Tutor Seeker or Tutor Provider and his, her or its information by Tutorchest.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or tutor provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Tutor Seeker or Tutor Provider for themselves or their family.
- We offer, as part of the functionality, the ability for Tutor Seekers and Tutor Providers to exchange and share information. Tutorchest.com is 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. Tutor Seekers and Tutor Providers 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 Tutor Seeker 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 Provider they select as well as that Tutor Provider's eligibility to work in the US. If you are a Parent Registered User (as defined below), you also agree to assume the responsibilities set forth in Section 3 (Teen Providers, Parent Registered Users, and Parent Monitored Accounts).
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:
- 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 Provider, you must be permitted to legally work within the United States or Puerto Rico.
- 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:
- 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. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
- You understand and agree that Tutorchest.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, 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.
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: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse 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: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
You agree that Tutorchest.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. A request for removal of a review can be emailed to Tutorchest admin.
Tutorchest.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand, and agree to hold Tutorchest.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
If you are a Tutor Seeker, 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 Tutor Seeker with whom you are entering a shared child care arrangement. If you are a Tutor Provider, 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.
Release of Liability for Conduct and Disputes
Tutorchest.com is not an employer of Tutor Providers. Tutor Seekers may seek the services of a Tutor Provider through the use of the Site or Services, and Tutor Providers may post profiles and submit proposals to Tutor Seekers regarding their services.
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Tutorchest.com harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Tutor Seeker, Tutor Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Tutor Seekers, Tutor Providers or other users of the Site or the Services.
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.
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.
- 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.
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.
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: