Terms of Use |
THIS IS A LEGAL AND BINDING CONTRACT BETWEEN YOU ("USER") AND TUTOR PIT("tutor pit" or "tutorpit" or "tutorpit.com" or TutorPit, L.L.C.). THE FOLLOWING DESCRIBES THE TERMS ON WHICH TUTOR PIT OFFERS YOU ACCESS TO TUTOR PIT SERVICES AND THE TUTORPIT.COM WEB SITE AND THE RULES BY WHICH YOU MUST ABIDE BY. TUTOR PIT RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN TUTOR PIT'S SOLE DISCRETION. USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE TUTOR PIT WEBSITE.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER TUTOR PIT SOFTWARE, SERVICES, WEBSITES OR ANY OF TUTOR PIT’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
1. Definitions.
Unless otherwise defined in this document, all capitalized words shall have the meaning set forth in the Tutor Pit Rules.
2. Amendments.
Tutor Pit, at its discretion, may amend this Agreement, the Tutor Pit Rules, the Tutor Pit fees, or the Tutor Pit Privacy Policy at any time by posting the amended terms at tutorpit.com. The amended terms of this Agreement, Tutor Pit fees, and Tutor Pit Privacy Policy shall automatically be effective 30 days after they are initially posted. The amended terms of the Tutor Pit Rules shall be immediately effective at the time of posting. User may receive copies of amendments by checking the box at the bottom of this page. This Agreement may not otherwise be amended except in a writing signed by both parties.
3. Rules.
By using the tutorpit.com web site or Tutor Pit Services, User agrees to follow the Tutor Pit Rules then in effect, as found in these Terms. USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENT’S REGULATIONS ON TUTORING AND TAX LAWS THEN IN EFFECT WHEN USING TUTOR PIT.
4. Eligibility for Membership.
Tutor Pit Services are available only to individuals who can form legally binding contracts under applicable law and who have completed the applicable Registration Form. Without limiting the foregoing, Tutor Pit services are not available to minors (ONLY TO THEIR LEGAL GUARDIANS). If User does not qualify, please do not use Tutor Pit Services or the tutorpit.com web site.
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Tutor Pit believes the information you provide is not correct, current, or complete, Tutor Pit has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
5. Fees and Costs.
User agrees to pay Tutor Pit the fees set forth in the Tutor Pit Fee Schedule. Unless otherwise stated, all fees are quoted in U.S. Dollars. USER SHALL PAY ALL APPLICABLE SALES, USE, TRANSFER OR OTHER TAXES AND ALL DUTIES, WHETHER INTERNATIONAL, NATIONAL, STATE, OR LOCAL, HOWEVER DESIGNATED, WHICH ARE LEVIED OR IMPOSED BY REASON OF A TRANSACTION, excluding, however, income taxes of Tutor Pit.
6. Services.
The tutorpit.com web site is a forum for Tutors to provide services and for Students to receive lessons. TUTOR PIT IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN TUTORS AND STUDENTS.. User acknowledges that Tutor Pit has no control over: (1) the Tutors’ Profile or Stated Qualifications, including, without limitation, quality, safety, legality, truth, or accuracy; (2) the ability of Tutors provide services; (3) the ability of Students to buy or receive services; (4) whether Tutors will complete a Transaction; or (5) whether Students will complete a Transaction. USER ASSUMES ANY AND ALL RISKS, KNOWN OR UNKNOWN, NOW EXISTING OR HEREAFTER ARISING, RELATED TO THE USE OF THE TUTOR PIT SERVICES OR TUTORPIT.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN ANY LESSON, INSTRUCTION, MEETING, TRADE, SALE, PURCHASE, AUCTION, BIDDING, LISTING, COMPLETING TRANSACTIONS, DEALING WITH FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSE; OR THE UNAUTHORIZED OR AUTHORIZED USE OF USER'S ACCOUNT AND PASSWORD.
7. Bidding and Selling Services
If User acting as a Tutor bids on a project and such bid is accepted by a Student, such User shall complete the Transaction in accordance with the then-in-effect Tutor Pit Rules.
8. Listing and Buying Services.
If User acting as a Student lists an project and receives one or more bids, such User shall complete the Transaction in accordance with the then-in-effect Tutor Pit Rules.
9. User Information.
User information includes any information User provides to Tutor Pit or other Users, including, without limitation, information provided in connection with registration, profiles, bidding or listing processes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, email, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group, or otherwise (collectively, "User Information"). User is solely responsible for User Information, and Tutor Pit acts as a passive conduit for User's online distribution and publication of User Information. User represents and warrants that User Information: (1) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (2) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (3) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (4) shall not be obscene, contain child pornography, or be pornographic or indecent; and (5) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Furthermore, User shall not post on Tutor Pit's web site, offer any item or service, purchase any item or service, or trade any item or service through Tutor Pit's web site any item that, by paying to Tutor Pit any fee, could subject Tutor Pit to any liability or cause Tutor Pit to violate any applicable law, statute, ordinance, or regulation. User grants Tutor Pit a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in User Information, in any media now known or not currently known; provided, Tutor Pit shall use User Information only in accordance with the Tutor Pit Privacy Policy.
10. System Integrity.
User shall not use any device, software, or routine that interferes or attempts to interfere with the proper working of the Tutor Pit web site or any Transaction. User shall not take any action which imposes an unreasonable or disproportionately large load on Tutor Pit infrastructure. User shall not disclose or share User Passwords or Accounts with any third parties or use User Passwords or Accounts for any unauthorized purpose. User may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for itself using secondary user identification or third parties; leaving negative feedback for other Users using secondary user identification or third parties; or leaving negative feedback if a User fails to perform some action that is outside the scope of the Transaction. User shall not take any measures or make any attempt to bypass Tutor Pit fees or functionality through any measure including, but not limited to, providing contact information to other users before making or accepting a bid or by setting the amount of a bid below the level of customarily charged by the user or in the industry.
11. Disputes.
Should a dispute arise between a Buyer, Seller, Tutor, Student and/or other User, Tutor Pit will not act as mediator between the involved parties. Resolution of disputes is the full and sole responsibility of the involved parties. User irrevocably releases Tutor Pit (and Tutor Pit’s officers, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. No Control.
Tutor Pit does not and cannot control the content of any Buyer’s, Seller’s, Tutor’s, or Student’s listing, bid, profile or User's other communications. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
13. No Warranty.
TUTORPIT, L.L.C. PROVIDES THE TUTOR PIT WEB SITE AND TUTOR PIT SERVICES "AS IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TUTOR PIT OR ITS AGENTS, OWNERS, OR EMPLOYEES SHALL CREATE A WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
14. Indemnity.
User shall indemnify, defend, save, and hold harmless Tutor Pit and its officers, agents, representatives, and employees from and against any and all liability, loss, damage, cost, and expense, including reasonable attorneys' fees, paid or incurred by reason of: (1) any breach or claim of breach of any of User's representations, warranties, or covenants; (2) User's use of the Tutor Pit Services or Tutor Pit web site or participation in any Transaction; or (3) any dispute between User and another User or third party. The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever.
15. Limit of Liability.
IN NO EVENT SHALL TUTOR PIT, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE TUTOR PIT SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE TUTOR PIT WEB SITE OR THE TUTOR PIT SERVICES, EVEN IF TUTOR PIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WHATSOEVER SHALL THE LIABILITY OF TUTOR PIT, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE TUTOR PIT SERVICES, TO USER OR ANY THIRD PARTIES EXCEED THE GREATER OF: (1) THE TOTAL FEES USER PAID TO TUTOR PIT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (2) TWENTY FIVE DOLLARS ($25.00).
16. General Compliance with Laws.
User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User use of this web site, Tutor Pit Services, and User's Bidding on, Listing, purchase, trade, and sale of items or services. As stated in paragraph three (3), USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENTS REGULATIONS ON TAXES THEN IN EFFECT WHEN USING TUTORPIT.
17. Notices.
Except as explicitly stated otherwise, any notices shall be given by email to administration at support@tutorpit.com (in the case of Tutor Pit) or to the email address User provides to Tutor Pit during the registration process (in User case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tutor Pit may give User notice by certified mail, postage prepaid and return receipt requested, to the address provided to Tutor Pit during the registration process, if any. In such case, notice shall be deemed given three days after the date of mailing.
18. General.
This Agreement represents the complete and final agreement between the parties and supersedes any and all prior oral or written agreements in their entirety between Licensor and Licensee regarding the subject matter of this Agreement. This Agreement shall be deemed made and entered into in Broward County in the state of Florida and shall be governed and construed under and in accordance with the laws of the State of Florida. No conflicts-of-law rule or law that might refer such construction interpretation to the laws of another state, republic, or country shall be considered. The parties further acknowledge and agree that any legal action arising as a result of this Agreement shall occur in Broward County in the state of Florida, USA, and the parties agree to consent to jurisdiction and venue exclusively within the courts there. The parties covenant and agree that if either party fails or neglects for any reason to take advantage of any of the terms provided for here, any such failure or neglect by either party shall not be a waiver of any of the terms, covenants, or conditions of this Agreement or of the performance thereof. None of the terms, covenants, and conditions of this Agreement can be waived by either party except by its written consent. This Agreement does not constitute any party the agent of the other or create a partnership or joint venture between the parties, and no party shall have power to bind any other party in any way. If any word, sentence, paragraph, clause, or a combination thereof in this Agreement is found by a court or executive body with judicial powers having jurisdiction over this Agreement or any of the parties, in a final and unappealable order, to be in violation of any law, such words, sentences, paragraph, clauses, or combinations shall be inoperative and the remainder of this Agreement shall remain binding upon the parties.
19. Termination for Restriction of Access
Tutor Pit reserves the right, in its sole discretion, to terminate your access to any or all of Tutor Pit's websites and the related services or any portion thereof at any time, without notice.
Either Party may terminate this Agreement for any reason, at any time, with or without cause, based upon written notice. All obligations which accrued prior to the date of termination shall survive such termination.
20. Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Tutor Pit or the party that provided the trademarks, services marks, logos, and copyrighted works to Tutor Pit. Tutor Pit and any party that provided trademarks, service marks, logos, and copyrighted works to Tutor Pit retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
This provision preserves proprietary rights to trademarks and copyrights to the website owner or any other party with such rights.
All contents of Tutor Pit’s websites and services are Copyrighted. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
21. Proprietary Information
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Tutor Pit (the "Content") is the proprietary information of Tutor Pit or the party that provided or licensed the Content to Tutor Pit, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Tutor Pit, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Tutor Pit intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
22. Restrictions on Use
You may use this site for purposes expressly permitted by this site. As a condition of your use of Tutor Pit’s website(s), you warrant to Tutor Pit that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Tutor Pit. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Tutor Pit in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Tutor Pit’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). You are further prohibited from advertising any business or website in such a manner as to be soliciting Tutor Pit users or visitors. You may, at the option of Tutor Pit, pay to advertise your business or website. Tutor Pit and its affiliate(s) reserve the right to remove any ad placed on Tutorpit.com, with or without notification to visitors or members.
23. Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, Tutor Pit. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Tutor Pit. Tutor Pit has not reviewed any or all of such sites and is not responsible for the content of those sites. Tutor Pit is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Tutor Pit makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Tutor Pit provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Tutor Pit of that site or any association with its operators.
Last Updated: 6/26/06
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