Applied Tutoring provides this website to you, the "Client" or the "Contractor" or the “Tutor”, and to any other entity on whose behalf you accept these Terms (collectively "you"). These Terms are entered into by and between Applied Tutoring and you, and you accept them by: (a) transacting tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, please do not use the Site.
Applied Tutoring controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Applied Tutoring services may not be available in your location, and available services may vary among locations. In addition, Applied Tutoring will attempt to deliver all correspondence sent via the Site's messaging system. Applied Tutoring cannot, however, guarantee delivery of all messages.
The site lists tutors who are willing to be engaged by you as independent contractors, or part-time employees. As independent contractors, the listed tutors control the methods, materials and all aspects of the lessons.
New 1-on-1 Standard students are subject to a one-time $60 profile set up fee. This fee may be waived at the discretion of Applied Tutoring only.
All Prepayments for tutoring services will be held as a credit for future tutoring services. Refunds of unused hours can be issued if requested in person, by phone, in writing, or by email within (30) Thirty Days of purchase. After Thirty Days, these hours may be used as a credit towards tutoring services. Tutoring credits expire if unused after (180) One Hundred and Eighty Days.
In consideration of your use of the Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any information you provide to Applied Tutoring, to keep it accurate, current and complete; (d) accept all risks of unauthorized access to information and Registration Data; and (e) avoid using the Site if you are under the age of 13. If you are under the age of 13, you are not allowed to register on the Site and you must ask a parent or guardian to register on your behalf.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Applied Tutoring or other users of the website; (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. Applied Tutoring reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
You may obtain direct access via the Site to certain confidential information of Applied Tutoring and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Applied Tutoring and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Applied Tutoring, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Applied Tutoring adequate to afford Applied Tutoring the opportunity to object to the disclosure.
Applied Tutoring does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Applied Tutoring shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Applied Tutoring an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Applied Tutoring, its affiliates, and third-party providers of any information that you may provide on the Site.
You agree to indemnify and hold Applied Tutoring and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of or connection to the Site (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Applied Tutoring relating to their subject matter, and cancel and supersede any prior versions of the Terms. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Applied Tutoring or third-party products or services.
You agree that any material breach of the Terms will result in irreparable harm to Applied Tutoring for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Applied Tutoring will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Applied Tutoring seeks such an injunction.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
You understand and are willing to pay forth all costs associated with transacting tutoring business through Applied Tutoring. These costs include but are not limited to: (a) hourly rate as listed; (b) When applicable, No-Show fees for cancellations within 24 hours of a scheduled session
A $25 processing fee may be charged for checks returned by the bank for non-sufficient funds (NSF checks).
Applied Tutoring may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Applied Tutoring shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
Applied Tutoring may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Applied Tutoring found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Applied Tutoring is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Applied Tutoring advertisers on the Site.
You may find links to other websites or resources on the Site. You acknowledge and agree that Applied Tutoring is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Applied Tutoring will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Except as expressly authorized by Applied Tutoring or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Applied Tutoring discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"Applied Tutoring Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Applied Tutoring uses in connection with its products and services. You may not remove or alter any Applied Tutoring Trademarks, or co-brand your own products or material with Applied Tutoring Trademarks, without Applied Tutoring's prior written consent. You acknowledge Applied Tutoring's rights in Applied Tutoring Trademarks and agree that any use of Applied Tutoring Trademarks by you shall inure to Applied Tutoring's sole benefit. You agree not to incorporate any Applied Tutoring Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Applied Tutoring on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. Applied Tutoring disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Applied Tutoring makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.
Applied Tutoring makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.
To the full extent permitted by law, Applied Tutoring 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 Applied Tutoring 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 you my download, use, modify, or distribute.
Applied Tutoring may provide notice to you via email, regular mail, or posting notices or links to notices on the Site. Applied Tutoring reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. Applied Tutoring may also delete, or bar access to or use of, all related information and files. Applied Tutoring will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information. Applied Tutoring may amend these Terms at any time by posting the amended terms on this Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, this document shall take precedence. Applied Tutoring’s failure to enforce any provision of these Terms shall not be deemed as either a waiver of such provision or as a waiver of the right to enforce such provision.