TutorSelect.com Terms Of Use

This agreement was last upated on April 19th, 2011

This agreement ("Agreement") contains all of the terms and conditions ("Terms") between TutorSelect, LLC ("TutorSelect.com") and you (User") and governs the use of the services ("Service") offered at the TutorSelect.com domain and all of its sub-domains (collectively, the "Site") Please read these Terms before using or continuing to use the Site. By using this Site, the User does hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the TutorSelect.com Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by TutorSelect.com at any time, effective upon posting on the TutorSelect.com Website, and your use of the Site or the Service after such posting will constitute acceptance by you of such changes.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by TutorSelect.com from time to time, such modifications to be effective upon posting by TutorSelect.com on the Site. This Agreement includes the TutorSelect.com Privacy Policy. By accessing the Site or becoming an Authenticated User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming an Authenticated User, you consent to have this Agreement provided to you in electronic form.

2. TUTORSELECT.COM'S SERVICES. The Site is an interactive communications platform for enabling the connection between individuals seeking tutoring services ("Clients") and/or individuals providing tutoring services ("Tutors"). TutorSelect.com does not take part in the interaction between Clients and Tutors except to collect payments on the behalf of Clients and Tutors for services provided through the Site. Users do hereby represent, understand and expressly agree that TutorSelect.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tutors, nor of the integrity, responsibility or any of the actions whatsoever of the Clients. TutorSelect.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Tutors or Clients through the Site whether in public, private or offline interactions. TutorSelect.com does not assume any responsibility for the accuracy or reliability of any information provided by Tutors or Clients on this Site. TutorSelect.com does not assume and expressly disclaims any liability that may result from the use of this information. TutorSelect.com is not responsible for the conduct, whether online or offline, of any user of the Site or the Service. All users including both Clients and Tutors do hereby expressly agree not to hold TutorSelect.com (or TutorSelect.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners) liable for any instruction, advice or services delivered which originated through the Site and TutorSelect.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from

3. ELIGIBILITY. The services provided by TutorSelect.com are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction.

By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been 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, and (b) have not been and are not currently required to register as a sex offender with any government entity.

You hereby authorize TutorSelect.com to verify your representations and warranties herein, and you acknowledge that TutorSelect.com reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use.

NOTWITHSTANDING THE FOREGOING, TUTORSELECT.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD TUTORSELECT.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.

4. RELEASE. Clients may seek the services of Tutors through the use of the Site and Tutors may submit proposals to Clients regarding their services. In the event that a Client and a Tutor agree on the provision of services such agreement is solely between the Client and the Tutor; TutorSelect.com is not a party to any such agreement. Any issues concerning the services received by the Client or payment due to the Tutors must be resolved directly by the Client and the Tutor. TutorSelect.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold TutorSelect.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. TutorSelect.com will use its reasonable efforts to monitor Tutor and Client profiles, actions, comments, and general usage of the Site and suspend privileges to any Client or Tutor not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the TutorSelect.com Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to TutorSelect.com immediately by notifying TutorSelect.com of the same via electronic correspondence.

5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. TutorSelect.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. TutorSelect.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You understand and agree that TutorSelect.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of TutorSelect.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.

By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to TutorSelect.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by TutorSelect.com will not infringe or violate the rights of any third party.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by TutorSelect.com, are those of their respective authors. Such authors are solely responsible for such content. TutorSelect.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 TutorSelect.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.

7. PRIVACY. TutorSelect.com will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein. By agreeing to these Terms of Use, you are consenting to receive certain communications from us.

8. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by TutorSelect.com) or inclusion of advertisements do not constitute an endorsement by TutorSelect.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. TutorSelect.com does not control such sites, and is not responsible for their content. Just because TutorSelect.com has hyperlinks to such sites does not mean that TutorSelect.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by TutorSelect.com's Terms of Use and Privacy Policy. TutorSelect.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold TutorSelect.com harmless from any liability that may result from the use of links that may appear on the Site.

9. COPPA COMPLIANCE. Clients and Tutors should monitor children's use of the Internet. TutorSelect.com is intended for people 18 or over. TutorSelect.com will not knowingly collect any information from children under 13. You must identify your age during the registration process. TutorSelect.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. However, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.

10. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Clients or Tutors for employment or contracting for a business not affiliated with TutorSelect.com without express written permission from TutorSelect.com. Should TutorSelect.com find that you violated the terms of this paragraph or any terms stated herein, TutorSelect.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Tutor or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.

Although TutorSelect.com cannot monitor the conduct of its users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

In order to protect the integrity of the Site and the Service, TutorSelect.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

TutorSelect.com reserves the right, in its sole discretion, to terminate your access to all or part of the TutorSelect.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in TutorSelect.com, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, TutorSelect.com reserves the right to send a notice thereof to other members which whom you have corresponded.

11. PAYMENT AND REFUND POLICY FOR TUTORS. Tutors are obligated to pay for the service of the Site, unless specifically notified otherwise. Tutors that sign up agree to pay TutorSelect.com all charges at the prices then in effect for any use of the Site. In addition, Tutors authorize TutorSelect.com to charge their chosen payment provider for use of the Site. TutorSelect.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

No refunds or credits will be provided to Tutors for subscription or program cancellation requests received after the account has been billed. At TutorSelect.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by TutorSelect.com.

12. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". TUTORSELECT.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

13. DISCLAIMER OF WARRANTY.

• No Warranties. TUTORSELECT.COM PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TUTORSELECT.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TUTORSELECT.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

  IN ADDITION AND WITHOUT LIMITING THE FOREGOING, TUTORSELECT.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO SECURE THE SERVICES OF A CAREGIVER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE.

• Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by TutorSelect.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TUTORSELECT.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TUTORSELECT.COM. UNDER NO CIRCUMSTANCES WILL TUTORSELECT.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

14. ASSUMPTION OF RISK. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in TutorSelect.com's Safety Tips, when interacting with others Members of the site.

15. LIMITATION OF LIABILITY.

• Incidental Damages and Aggregate Liability. TUTORSELECT.COM PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TUTORSELECT.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TUTORSELECT.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
• No Liability for non-TutorSelect.com Actions. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by TutorSelect.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TUTORSELECT.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TUTORSELECT.COM. UNDER NO CIRCUMSTANCES WILL TUTORSELECT.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
• In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TutorSelect.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. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

16. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless TutorSelect.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred by TutorSelect.com and its Affiliates 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, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. TutorSelect.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of TutorSelect.com. Users further agree to hold harmless TutorSelect.com and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

17. NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks TutorSelect.com and the TutorSelect.com logo are service marks owned by TutorSelect.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of TutorSelect.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

18. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, Hillsborough County, for the resolution of any such dispute.

19. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by TutorSelect.com, or need to notify TutorSelect.com as to any matters relating to the Site or Service please contact TutorSelect.com at:

TutorSelect, LLC Legal Department 13911 West Hillsborough Ave. Suite 110 Tampa, FL 33635