Terms of Use - Tutored By Teachers

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 and platform to connect tutors to clients (“Services”, “Site”, or “Platform”) 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 user (“User”) 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.

PLEASE READ THESE TERMS TO ENSURE YOU UNDERSTAND EACH SECTION. THE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Services Overview:

The Company offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services – including parents or school partners. As the Company connects independent tutors to potential service partners, the tutors are responsible for determining methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide. Company assists in matching you with tutors based on your needs and their respective expertise.

IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT. SESSIONS ARE RECORDED FOR QUALITY ASSURANCE AND SECURITY PURPOSES.

To use our Services, you must have access to the Internet and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. If you are under eighteen (18) years of age, you may use the Site only with the involvement and consent of a parent, legal guardian, or at the direction of your school.

If you are accessing the Company’s Services as a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School’s behalf.

If you contact to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) (e.g., as a School representative or parent/guardian).

The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents/guardians for Company to collect information from students under 13 before allowing such students to access our Services. We recommend that all schools provide appropriate disclosures to students and parents regarding their use of service providers like the Company.

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.

Parent/Guardian Consenting on Behalf of Students:

Students and children do not create profiles on our Site, instead they are given instructions to access tutoring programs. Parents/guardians are the parties responsible for requesting tutoring programs and consenting for the use of the Site for direct-to-family programs.

You may not allow other persons to access your tutoring sessions; and you may not use the Site on behalf of any third party, except as otherwise expressly permitted by Tutored by Teachers. Tutored by Teachers reserves the right to deactivate any additional or duplicate accounts/access for you or other Users. Your participation in certain Tutored by Teachers programs and use of certain Services may be subject to additional eligibility requirements as determined by Tutored by Teachers.

Notwithstanding the foregoing, if you are a parent/guardian and request a tutoring program for your child(ren), their use of the Tutored by Teachers Site is subject to the following requirements and restrictions: (a) you ensure that the child’s use of the Site is limited solely to accessing and using Tutored by Teachers’ Services, (b) you determine that the Tutored by Teachers’ Services are suitable for the child, (c) you ensure that the child’s use of the Tutored by Teachers Platform and applicable Services is done in compliance with and acknowledgement of all applicable safety instructions and warnings in this Agreement, including any supplemental terms, and (d) you explain the terms of this Agreement to the child.

By requesting tutoring programs for your child (e.g., requesting adding student to Company platform), you hereby give permission and consent to these Terms on the child’s behalf, you expressly guarantee the child’s acceptance, and your own acceptance, of these Terms, and you shall assume any and all responsibility and liability for the child’s use of the Tutored by Teachers Site as provided by these Terms and any other applicable terms (e.g., Privacy Policy). You will be responsible for any breach of the above representations, warranties, and/or these Terms, and/or any attempt of the child to disaffirm these Terms. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the child.

As set forth in the Privacy Policy, we collect verifiable parental consent for parents who sign up their children who are under the age of 13 years.

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 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 (including Privacy Policy), 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 Text Messages to Support 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., tutoring session reminders, marketing opportunities), 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 providing your 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 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

The following are reasons why Company’s Services may not be available:

1. Customer environment issues affecting connectivity or interfering with the Services, including without limitation, Customer’s internet connection or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
2. Any third-party software, hardware, or telecommunication failures, including internet slow-downs or failures;
  - - - Force majeure events including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; catastrophic or unusual internet delays, denial of services attacks, or other hacking activities; or any other similar cause beyond the reasonable control of Company;
      - Issues related to third-party domain name system errors or failures; and
      - Emergency maintenance of the Services, for which Customer may not receive advanced notice.

In the event Company fails to make Services available, Company will use commercially reasonable efforts to correct the interruption as promptly as practicable.

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

YOU UNDERSTAND AND AGREE THAT COMPANY HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED TO ANY USER. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, COMPANY EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.

USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. COMPANY WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. COMPANY IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.

TO THE FULL EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WYZANT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO COMPANY OR A COMPANY PARTNER, IF ANY, OR (B) $250 (WHICHEVER IS LESS).

YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN ANOTHER AGREEMENT FOR SERVICES.

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.

Assumption of Risk

You assume all risks when using the Site/accessing Services, including without limitation any and all of the risks associated with any online or offline interactions with tutors. You shall take all necessary precautions when accessing Services.

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

For tutoring programs with school districts/schools, the Governing Law provision in the services contract applies to the Terms of Use. If no such clause exists in the contract, the following applies to school partners and parent/guardian users: 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.

Cancellation Policy for Direct-to-Family Programming

The following applies to direct-to-family tutoring programs (as opposed to programs created under contract with school districts):

As the Company incurs significant costs to staff and train tutors, we can only grant refunds or accommodations for cancellations pursuant to this policy.

You must cancel within 24 hours of purchase to receive a refund. If the tutoring program begins within 24 hours of enrollment, cancel before it begins to receive a refund.

At this time, the only way to cancel is to email [email protected] with subject header CANCEL TUTORING and the email should include the student’s name and tutoring program start date.

We do not process refunds for cancelling individual classes. If you need to reschedule classes, you can make requests to [email protected] and we will do our best to accommodate the request. As our ability to accommodate schedule changes depends on a number of factors including a tutor’s availability, we do not guarantee we can accommodate the request. You acknowledge Company is not obligated to accommodate rescheduling and similar accommodation requests.

PLEASE NOTE: if a parent/guardian signs up for tutoring specifically tied to an Education Spending Account (e.g., Arizona ESA), we will not seek to bill families directly for Services or cancellations as such billing is completed through ClassWallet or similar platform.

User Content

You are solely responsible for any content that you create, transmit or display while using the Company’s Site or Apps.

We may now or in the future allow users to submit, post, display, provide, or otherwise make available content such as text, images, videos, files, documents, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Site is referred to as “User Content”).

We claim no ownership rights over User Content created by you. The User Content you create remains yours.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.

You must have the authority and requisite ownership to the User Content you submit to the Site. You may not upload or post any User Content to the Site that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may post only User Content that you have permission to post.

Termination and Suspension

Company reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or temporary discontinuation of the Service.

You agree that Company, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that Company may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Services. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TUTORED BY TEACHERS.

For any dispute with Tutored by Teachers, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Tutored by Teachers has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration administered by JAMS, under its Optional Expedited Arbitration Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com.

The arbitration will be conducted in New Jersey, unless you and Tutored by Teachers agree otherwise.

If you are a school, organization, or otherwise using the Site, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator’s award may include allocation of arbitration costs, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses.
If you are an individual using the platform for non-commercial, personal educational purposes:
(i) JAMS may require you to pay a fee to initiate arbitration, unless you apply for and obtain a fee waiver from JAMS;
(ii) the arbitrator’s award may include reimbursement of arbitration costs, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses; and
(iii) you may bring a claim in small claims court of competent jurisdiction without first pursuing arbitration, but this does not relieve you of the obligation to first attempt informal dispute resolution.

Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Nothing in this section shall be deemed to prevent Tutored by Teachers from seeking injunctive or other equitable relief in a court of law as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.

Copyright and Copyright Notices

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws is property of Tutored by Teachers, our affiliates and our partners. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that recordings of sessions constitute Service Content.

Company respects the intellectual property of others, and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information:

an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website or Apps sufficient to allow Company to locate the allegedly infringing material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Company’s copyright agent for notice of claims of copyright infringement at: [email protected]. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
If you believe that user content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the user content, you may send a counter-notice to [email protected] with basic information about the content at issue.

Terms of Use

Services Overview:

IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT. SESSIONS ARE RECORDED FOR QUALITY ASSURANCE AND SECURITY PURPOSES.

Parent/Guardian Consenting on Behalf of Students:

Students and children do not create profiles on our site, instead they are given instructions to access tutoring programs. Parents/guardians are the parties responsible for requesting tutoring programs and consenting for the use of the site for direct-to-family programs.

You may not allow other persons to access your tutoring sessions; and you may not use you’re the Site on behalf of any third party, except as otherwise expressly permitted by Tutored by Teachers. Tutored by Teachers reserves the right to deactivate any additional or duplicate accounts/access for you or other Users. Your participation in certain Tutored by Teachers programs and use of certain Services may be subject to additional eligibility requirements as determined by Tutored by Teachers.

As set forth in the Privacy Policy, we collect verifiable parental consent for parents who sign up their children who are under the age of 13 years.

Student Data Compliance and Security

Consent for Text Messages to Support Services

Availability of Virtual Services

The following are reasons why Company’s Services may not be available:

1. Customer environment issues affecting connectivity or interfering with the Services, including without limitation, Customer’s internet connection or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
2. Any third-party software, hardware, or telecommunication failures, including internet slow-downs or failures;
  - - - Force majeure events including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; catastrophic or unusual internet delays, denial of services attacks, or other hacking activities; or any other similar cause beyond the reasonable control of Company;
      - Issues related to third-party domain name system errors or failures; and
      - Emergency maintenance of the Services, for which Customer may not receive advanced notice.

In the event Company fails to make Services available, Company will use commercially reasonable efforts to correct the interruption as promptly as practicable.

Customer Equipment Requirements

Disclaimer of Warranties

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.

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

Limitation Of Liability

Indemnification

Assumption of Risk

Termination

Third-Party Links

Governing Law

Cancellation Policy for Direct-to-Family Programming

The following applies to direct-to-family tutoring programs (as opposed to programs created under contract with school districts):

As the Company incurs significant costs to staff and train tutors, we can only grant refunds or accommodations for cancellations pursuant to this policy.

You must cancel within 24 hours of purchase to receive a refund. If the tutoring program begins within 24 hours of enrollment, cancel before it begins to receive a refund.

At this time, the only way to cancel is to email [email protected] with subject header CANCEL TUTORING and the email should include the student’s name and tutoring program start date.

User Content

You are solely responsible for any content that you create, transmit or display while using the Company’s Site or Apps.

We claim no ownership rights over User Content created by you. The User Content you create remains yours.

Termination and Suspension

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TUTORED BY TEACHERS.

The arbitration will be conducted in New Jersey, unless you and Tutored by Teachers agree otherwise.

If you are a school, organization, or otherwise using the Site, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator’s award may include allocation of arbitration costs, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses.
If you are an individual using the platform for non-commercial, personal educational purposes:
(i) JAMS may require you to pay a fee to initiate arbitration, unless you apply for and obtain a fee waiver from JAMS;
(ii) the arbitrator’s award may include reimbursement of arbitration costs, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses; and
(iii) you may bring a claim in small claims court of competent jurisdiction without first pursuing arbitration, but this does not relieve you of the obligation to first attempt informal dispute resolution.

Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Copyright and Copyright Notices

an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website or Apps sufficient to allow Company to locate the allegedly infringing material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Programs

Resources

Company