Terms of Use

These Terms of Use, along with the Tutored by Teachers Privacy Policy, shall govern your use of the Tutored by Teachers’ (“Company” or “We”) online virtual instruction services (“Services”) provided to a school, school district, or student (if signed up directly by parent/guardian) (“Customer” or “You”). By using our Services, you hereby agree to these Terms of Use and warrant that you have the requisite authority, power and right to fully bind each school in the district to use the Services pursuant to these Terms of Use and per a written agreement with the Company (“Agreement”). By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.tutored.live/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. By using or continuing to use the Services, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms of Use.

Conduct Using Services

Customer shall ensure that its Students and staff not upload, post, transmit, display or otherwise make available to other subscribers any content that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the Company mission or otherwise objectionable to Company or other reasonable users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Company reserves the right to edit or remove content that violates these Terms of Use, that contains third-party commercial advertisements, or for any other reason it deems necessary. In addition, Customers may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a message or content. Customer understands and agrees that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that Customer or its schools, or school staff upload, post, transmit, display or otherwise make available through the use of the Services is solely Customer’s responsibility. Customer shall be responsible for any and all breaches of the Agreement by a Student or school staff member.

Student Data Compliance and Security

Company receives and handles personally identifiable information from student education records (“Student Data”) as a “school official” under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, 34 CFR Part 99 (“FERPA”) for the purpose of delivering the Services as contemplated by the Agreement.
Student Data obtained will be used solely for the purposes of performing Services under the Agreement, and will not be disclosed to third parties except as required to provide Services to Customer contemplated in the Agreement, or otherwise as expressly permitted by FERPA and other applicable laws.

It is Customer’s responsibility to respond to requests for education records received by Company from third parties. Customer represents and warrants that it complies with applicable information protection laws, including, but not limited to, COPPA and FERPA. To the extent that Student Data under the age of thirteen (13) is provided to Company, Customer represents and warrants that it has obtained all requisite consents and authorizations or otherwise has the authority to provide such information to Company. To the extent that any information covered by FERPA is being made available to Company or to any third party (including other Students), Customer represents and warrants that it has given all applicable notices required under the FERPA regulations and has received all applicable consents and has not received any effective objections thereto.

Company maintains and enforces commercially reasonable practices, including administrative, technical, and physical safeguards to reasonably protect the confidentiality, availability, and integrity of Customer and end user data in alignment with requirements of applicable laws and regulations, including FERPA. Company will not be responsible for security incidents not reasonably within its control. If required by applicable laws, Company will promptly report to Customer any unauthorized access to Customer Data and, in the event that further notification is required by law, will support Customer notification to its end users.

Consent for Services

By using the Services and providing your phone number and/or email on the Services, you agree and acknowledge that Company may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), facsimile, and all phone calls at the number you provide.

Such communications may be for any purpose, such as purposes related to the Services (e.g., marketing related services), and purposes related to students and the Services. We will not charge you a fee for sending SMS text messages, but your communication service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to Company or Company’s agents, without reimbursement from Company or them.

You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide Company notification of same through email at [email protected].

You understand and agree that, if Company sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Company will be deemed to have provided the communication to you.

By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Terms of Use.

You acknowledge that by clicking on the “I Accept”, “Submit”, or similar button on Company’s Website or Apps to access Services, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

You may acknowledge that you may withdraw such consent to communications by notifying Company of such withdrawal and repeating notification of such revocation if Company subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive texts and calls from Company at your phone number provided above.
You may withdraw your consent to receive communications by writing to Company at [email protected].

Availability of Virtual Services

Customer Equipment Requirements

Customer shall be solely responsible for providing, maintaining and compatibility with the Services, including all hardware, software, electrical and other requirements for Customer’s use of the Services, Website, and/or Apps, including without limitation, telecommunication equipment, internet access, web browsers or other equipment, programs that are required to access and use the Services, Website, and/or Apps. Customer is responsible for ensuring their equipment meets the minimum system requirements. Company does not guarantee or warrant compatibility between the Services and Customer’s equipment.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through our services (e.G., website and apps) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website, apps, or any services or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it.

Your use of the services, its content, and any services or items obtained through the website and apps is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “As is” and “As available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website, apps, or services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website/apps, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website/apps or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation Of Liability

Neither company nor its affiliated parties will be liable to customer or any third party for (a) any unauthorized use of the services or the website/apps or use for purposes not intended under the agreement, or (b) any liability or damage caused or initiated by third parties and affecting customer’s computers, communication facilities, software, data or services that may result from use or access of the services or the website/apps.

Limited Damages And Remedies

To the extent allowed by applicable law: neither company or its affiliated parties shall be liable to customer or any school for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use of or the inability to use the services or the website/apps.

Notwithstanding anything in the agreement to the contrary, in no event shall company or its affiliated parties be liable for damages or monetary remedies of any kind in the aggregate under the agreement that exceed the fee paid by customer in the twelve (12) months immediately preceding the claim or claims giving rise to the liability.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by services.

If you are dissatisfied with the site or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the services, except as may be provided for in this terms of use.

Indemnification

Customer agrees to indemnify and defend Company and its agents, employees, representatives, licensors, affiliates, corporate parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys’ fees and court costs) of third parties (“Claims”) arising, directly or indirectly, from or concerning any breach or alleged breach of the Terms of Use by Customer and to reimburse Company on demand for any losses, costs or expenses it incurs as a result of any such Claims.

Termination

Company reserves the right at any time to discontinue, temporarily or permanently, the Services or any part thereof or terminate any user’s access to the Services or any part thereof. Company may also modify, delete or adapt the Services at any time without any notice or obligation to the user at Company’s sole discretion. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, or any part thereof. Upon termination for any reason, you must cease all access to the Services. All provisions of the Terms of Use as to disclaimer of warranty, limitation of liability, Company’s ownership rights and your representations and indemnities shall survive termination.

Third-Party Links.

The Service, Website, or Apps may present links to third-party websites. These links are provided only as a convenience. We are not responsible for the availability of these outside sites or their content. Customer should direct any concerns regarding these third-party sites to the applicable site administrator.

Governing Law

The Governing Law provision in the Agreement applies to the Terms of Use. If no such clause exists in the Agreement, the Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without regard for choice of law provisions thereof. Both Parties hereby irrevocably submit any disputes under the Terms of Use to the jurisdiction of the state and federal courts located in the State of New Jersey.

Copyright and Copyright Notices