Terms and Conditions

Terms and Conditions!

TutorConnectPro, Inc. (“TutorConnectPro,” “we,” “us,” “our”) provides its services (described below) to you through its website located at tutorconnectpro.com (the “Site”) and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except for changes addressing new functions of the Services or changes made for legal reasons, which will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

Please be advised: These Terms of Use contain provisions that govern how claims between you and TutorConnectPro can be brought (SEE THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW). These provisions will, with limited exception, require you to: 1 waive your right to a jury trial, and 2 submit claims you have against TutorConnectPro to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and 3) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. Please review The Dispute Resolution by Binding Arbitration section (below) for further details and your options.

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Content Guidelines, and Help Center. All such terms are hereby incorporated by reference into these Terms of Use.

The Services consist of an online marketplace and platform through which Tutors may offer tutoring sessions or classes for sale to Parents, and Parents may purchase such sessions or classes for the benefit of their children. While TutorConnectPro strives to maintain high standards of service, you acknowledge and agree that: (1) TutorConnectPro is not a party to any agreements entered into between Tutors and Parents, (2) TutorConnectPro only provides certain tools to facilitate the purchase, sale, and provision of tutoring sessions or classes, (3) Parents contract for tutoring services directly with Tutors, (4) TutorConnectPro is not a broker, agent (except as expressly set forth below), or insurer, and (5) TutorConnectPro disclaims all liability for the conduct of Tutors, Parents, or any other users of the Site or Services. Different sections of the Site and Terms of Use affect Tutors and Parents differently, so please be sure to read these Terms of Use carefully.

Key Terms

“User”, “you”, or “your” means any person, organization, or entity using the Services, including Parents and Tutors.

“Parent(s)” means a parent or legal guardian who completes TutorConnectPro’s account registration process to purchase tutoring sessions or classes on the Site for the purpose of enrolling their child.

“Tutor(s)” means a person who completes TutorConnectPro’s account registration process to offer tutoring sessions or classes on the Site, or an organization that executes an agreement with TutorConnectPro to sell tutoring sessions or classes on the Site.

“Class(es)” or “Session(s)” means any online tutoring class or session submitted by a Tutor for sale on the Site.

“Services” refers to all offerings provided through the TutorConnectPro platform, including online tutoring, class management, curriculum resources, and related educational services.

Access and Use of the Service

Services Description:

TutorConnectPro’s Service is an online education marketplace designed to connect Parents with Tutors for online K-12 classes and tutoring sessions. Parents can find, book, and purchase classes to benefit their child, while Tutors can market, sell, and conduct their classes or tutoring sessions. As a platform provider, TutorConnectPro does not own, create, sell, resell, control, or manage any classes. TutorConnectPro’s responsibilities are limited to: (i) providing the Site as an online marketplace to facilitate the sale, purchase, and conduct of tutoring sessions and classes, and (ii) serving as the limited payment agent of each Tutor for accepting payments from a Parent on behalf of the Tutor.

Please note, engaging with other Users involves risks, which you assume when using TutorConnectPro. While we aim to provide a secure and welcoming environment, you acknowledge that TutorConnectPro is not responsible for the behavior of other Users or the quality of the tutoring sessions. As a result, TutorConnectPro cannot guarantee the authenticity, quality, legality, or appropriateness of the classes and tutoring sessions.

Your Registration Obligations:

To access and use certain features of the Service, you will be required to register with TutorConnectPro. During registration, you agree to provide accurate, current, and complete information as prompted by the registration form. Your registration data and other information provided are governed by our [Privacy Policy]. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this is 18). If you are under this age, your Parent must consent to and agree to these Terms of Service on your behalf before you can use the Service. If you are a Parent providing consent for your child’s use of the Service, you agree to be bound by these Terms of Service regarding your child’s use.

Member Account, Password, and Security:

You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify TutorConnectPro of any unauthorized use of your account or breach of security, and (b) ensure that you log out at the end of each session. TutorConnectPro will not be liable for any loss or damage arising from your failure to comply with this provision.

Modifications to Service:

TutorConnectPro reserves the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice. You agree that TutorConnectPro will not be liable for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage:

You acknowledge that TutorConnectPro may establish general practices concerning the use of the Service, including without limitation, the maximum period of time data or other content will be retained and the maximum storage space allotted on our servers. TutorConnectPro has no responsibility for the deletion or failure to store any data. TutorConnectPro also reserves the right to terminate inactive accounts after an extended period and to change these practices without notice.

Class Recordings:

Classes or tutoring sessions that take place through TutorConnectPro’s video conferencing tools may be recorded for educational purposes (“Class Recordings”). Class Recordings will be made available only to the Tutor providing the class for purposes such as providing a copy to students who missed the class or reviewing the session to improve the tutoring experience. In the case of organizations or teams of instructors, these recordings may be accessed by the organization, not just a single instructor. TutorConnectPro may also use Class Recordings for internal feedback, customer support, compliance purposes, or improving Services. TutorConnectPro retains recordings for 90 days, after which they will be deleted unless requested earlier by a Parent or for privacy and compliance reasons. Class Recordings will not be used for promotional purposes without your consent. By using the Service, you consent to appearing in these recordings for the limited purposes mentioned above.

Teacher Obligations

As a Tutor on TutorConnectPro, you are responsible for ensuring that your conduct, classes, and interactions with students and parents align with the following obligations:

  1. Accurate Information: You agree to provide and maintain accurate, current, and complete information about yourself, your qualifications, and your tutoring offerings. This includes a truthful representation of your educational background, experience, and any certifications you may hold. Failure to provide accurate information may result in the suspension or termination of your account.
  2. Compliance with Laws and Standards: You agree to comply with all applicable local, state, national, and international laws, regulations, and ethical standards related to the delivery of educational services. This includes, but is not limited to, maintaining appropriate conduct with students and adhering to data privacy laws regarding student
  3. Class Content and Preparation: You are solely responsible for developing, organizing, and delivering the classes or tutoring sessions you offer unless you choose to use TutorConnectPro’s pre-built K-8 Math and English curriculum provided through EdQuill. If you create your own curriculum, you must ensure it is appropriate, accurate, and in compliance with TutorConnectPro's standards. You also agree to prepare adequately for each tutoring session and deliver quality instruction to students.
  4. Interaction with Students and Parents: As a Tutor, you agree to interact with students and parents respectfully and professionally at all times. This includes promptly addressing any questions or concerns raised by Parents and maintaining a safe and inclusive learning environment. Harassment, discrimination, or inappropriate conduct will not be tolerated and may result in immediate account termination.
  5. Scheduling and Attendance: You agree to honor your commitments to the schedules you set for classes or tutoring sessions. If you need to cancel or reschedule a session, you must provide timely notice to students and parents. Repeated cancellations or unexcused absences may lead to account suspension or other actions.
  6. Class Management: You are responsible for managing your tutoring sessions effectively, ensuring that they run smoothly and that students are engaged and learning. TutorConnectPro offers classroom management tools through EdQuill, including grading management, content creation tools, and communication with parents. You are encouraged to use these tools to enhance your tutoring experience.
  7. Safety and Privacy: Tutors must prioritize the safety and privacy of their students. This includes not sharing any personal or contact information about students outside of the tutoring sessions and adhering to TutorConnectPro's privacy policies. If you record any tutoring sessions (in accordance with TutorConnectPro’s recording policy), you must ensure that these recordings are used solely for educational purposes and comply with all privacy requirements.
  8. Payments and Fees: As a Tutor, you agree to TutorConnectPro’s payment terms, including the collection of payments from Parents on your behalf. TutorConnectPro will deduct its platform fees from the payments received before disbursing the remaining amount to you. You are responsible for understanding and complying with any tax obligations associated with your earnings.
  9. Non-Solicitation: You agree not to solicit students or parents to participate in classes or sessions outside the TutorConnectPro platform. All transactions must take place through the platform unless otherwise expressly agreed to in writing by TutorConnectPro.
  10. Platform Integrity: You agree not to engage in any activity that may compromise the integrity or performance of TutorConnectPro’s platform. This includes refraining from fraudulent activities, such as posting false or misleading information, manipulating reviews, or attempting to bypass TutorConnectPro’s payment system.
Marketplace Basics:
  1. Class Listing Information: You agree to provide TutorConnectPro with accurate and complete information about the classes you offer, including class descriptions, pricing, and any relevant qualifications. TutorConnectPro reserves the right to review, edit, or remove any class listings at its discretion to ensure they meet marketplace standards.
  2. Class Approval and Tutor Acceptance: TutorConnectPro has sole discretion over which classes are listed and which tutors are accepted onto the platform. We reserve the right to reject or remove classes or tutors from the platform for any reason, including violations of platform standards.
  3. Background Checks and Interviews: TutorConnectPro may, at its discretion, conduct background checks and interviews with tutors as part of the onboarding process. You agree to participate in any required background checks and interviews and to provide consent as needed.
Community Standards:
  1. Professional Conduct: As part of the TutorConnectPro community, you agree to interact with students, parents, and colleagues in a respectful and professional manner. You must model appropriate behavior for students and maintain thoughtful communications with all members of the community.
  2. Appropriate Use of Online Forums and Social Media: When using social media, blogs, or other forums, including those affiliated with TutorConnectPro, you agree to use them responsibly. Inappropriate behavior, including bullying, provoking conflict, or creating content that is harmful or discriminatory, will not be tolerated and may result in account suspension.
  3. Privacy of Learners and Parents: Tutors must respect the privacy of students and their families. Sharing any personal information, such as names, photos, conversations, or academic performance without explicit consent is prohibited.
Learner Safety:
  1. Child Abuse Reporting: Tutors are required to report any suspected cases of child abuse or neglect encountered during tutoring sessions. In compliance with the Federal Child Abuse Prevention and Treatment Act (CAPTA), "abuse or neglect" is defined as any action or failure to act that results in physical or emotional harm, sexual abuse, or exploitation of a child.
  2. Local Authority Reporting: In addition to notifying TutorConnectPro, tutors may be required to report instances of suspected abuse to local authorities, as per their legal responsibilities.
Working with Schools:
  1. Teaching School Learners: From time to time, TutorConnectPro may work with schools to offer tutoring services to students through school programs. Tutors providing services to school learners must familiarize themselves with privacy and data protection laws and complete required training. Only tutors who have completed this training will be permitted to offer classes to school learners.
Tutor Responsibilities:
  1. Licensing and Legal Compliance: As a Tutor, you are solely responsible for ensuring you have all necessary licenses, permissions, and certifications required to provide tutoring services. TutorConnectPro assumes no responsibility for a tutor’s failure to comply with these legal requirements.
  2. Independent Relationship: You acknowledge that TutorConnectPro does not act as your insurer, agent, or employer. Any agreements made between you and parents regarding the sale of your classes are strictly between you and the parent. However, TutorConnectPro is authorized to act as your limited agent for accepting and processing payments from parents.
  3. Class Recordings: Any class recordings made available to you are strictly for the educational benefit of the enrolled students and parents. Sharing these recordings with third parties is prohibited, except in the case where other tutors within your organization are allowed to review the recordings.

By using TutorConnectPro as a Tutor, you agree to abide by the terms outlined in this document, as well as any additional guidelines provided in our Tutor Help Center.

Payment Terms

General:

Each Parent agrees to pay all applicable fees for tutoring sessions or educational services ("Service Fees") as set forth on the TutorConnectPro platform ("Site"). All Service Fees are payable in the currency specified at the time of booking. Parents are responsible for all taxes associated with the Services, excluding taxes based on TutorConnectPro's net income. By confirming a purchase, you authorize TutorConnectPro to charge your selected payment method, and you agree to pay any charges incurred. If you dispute any charges, you must notify TutorConnectPro within sixty (60) days after the charge was made.

Tutor Payment:

TutorConnectPro will transfer the Service Fees to the Tutor's designated payment account (such as PayPal or bank account) after each completed session, minus the TutorConnectPro service fee ("TutorConnectPro Fee"). Payment transfers to Tutors will follow the schedule and policies outlined in our Help Center. Tutors must sign up for a valid payment account to receive funds. TutorConnectPro reserves the right to withhold payments if a Parent reports that services were not provided or were inadequately delivered. TutorConnectPro will independently review such disputes and, at its sole discretion, issue refunds to Parents. TutorConnectPro’s decision regarding refunds is final and binding on all parties.

Limited Payment Collections Agent:

Each Tutor appoints TutorConnectPro as their limited payment collection agent solely for the purpose of accepting Service Fees from Parents. Payment made by a Parent to TutorConnectPro is considered the same as a payment made directly to the Tutor. TutorConnectPro agrees to facilitate the transfer of Service Fees (less the TutorConnectPro Fee) to Tutors in accordance with these Terms of Service unless otherwise agreed. If TutorConnectPro fails to remit these amounts, Tutors may pursue remedies only against TutorConnectPro and not the Parent.

Conditions of Use

User Conduct:

As a user of the TutorConnectPro platform, you are responsible for all content you upload, post, or share, including but not limited to text, videos, images, and other materials ("Content"). The following actions are prohibited on the platform, and TutorConnectPro reserves the right to take appropriate legal action, including but not limited to removing offensive content, suspending or terminating accounts, and reporting users to authorities. Users are prohibited from:

  • Uploading content that infringes any intellectual property or proprietary rights.
  • Uploading harmful software such as viruses or spyware.
  • Uploading content that is threatening, harassing, defamatory, obscene, or otherwise objectionable.
  • Harvesting email addresses or contact information for unauthorized use.
  • Impersonating another person or entity.
  • Interfering with or disrupting the platform’s services or servers.
  • Violating any applicable local, national, or international law.
Special Notice for International Use:

You agree to comply with all local rules regarding online conduct and acceptable content, including U.S. export control laws if applicable. Downloading software or transmitting data via the platform is done at your own risk, and you must ensure compliance with local regulations governing online activity.

Commercial Use:

Unless otherwise expressly permitted by TutorConnectPro, you may not use the platform or its content for commercial purposes, including but not limited to reproducing, selling, or distributing any portion of the Service or its materials.

Intellectual Property Rights

Service Content, Software, and Trademarks

You acknowledge and agree that the TutorConnectPro platform may contain content, features, and materials ("Service Content") that are protected by copyright, trademark, patent, trade secret, or other proprietary rights and laws. Except as expressly permitted by TutorConnectPro, 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. This restriction does not apply to the original User Content (as defined below) that you lawfully upload or submit via the Service.

For clarity, you acknowledge and agree that any lesson plans, class recordings, or other materials created on the platform are considered Service Content, not User Content. In connection with your use of the Service, you agree not to engage in any data mining, robots, scraping, or similar data gathering or extraction methods. If TutorConnectPro blocks your access to the Service (including by blocking your IP address), you agree not to circumvent such blocking measures (e.g., by masking your IP address or using a proxy).

Any unauthorized use of the Service or Service Content beyond what is explicitly authorized in these Terms is strictly prohibited. The software, technology, and systems used in the Service or distributed in connection with the Service are the property of TutorConnectPro and its affiliates. You agree not to reverse-engineer, modify, distribute, assign, sublicense, or otherwise transfer any right in the software. All rights not expressly granted to you by TutorConnectPro are reserved.

The TutorConnectPro name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TutorConnectPro. You may not use such marks without the prior written permission of TutorConnectPro. Other names, logos, product and service names, designs, and slogans used on the platform may be the trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TutorConnectPro.

Third-Party Materials

TutorConnectPro is not liable for any third-party content or materials uploaded, posted, or otherwise made available through the Service, including any errors or omissions in such content or for any damages incurred as a result of its use. While TutorConnectPro may monitor the platform, we are not obligated to pre-screen content and reserve the right to remove content that violates these Terms or is deemed objectionable at our sole discretion. You are solely responsible for the risks associated with the use of third-party content, including reliance on its accuracy or completeness.

User Content Transmitted Through the Service

Regarding the content or materials you upload, submit, or share through the platform (“User Content”), you represent and warrant that you have the legal rights to such content. You retain ownership of any intellectual property rights you hold in your User Content, and TutorConnectPro does not claim ownership over your User Content. However, by submitting or uploading User Content through the platform, you grant TutorConnectPro a worldwide, non-exclusive, royalty-free, fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, and publicly display your User Content for the following purposes:

  1. Public Content: For any User Content posted publicly (such as forum posts or public profiles), the license extends to using, displaying, and distributing such content in any form or media for business or promotional purposes.
  2. Private Content: For User Content submitted privately (such as private lesson content), the license allows TutorConnectPro to use such content solely to provide services to you and others.

You also agree that any suggestions, ideas, or feedback you provide to TutorConnectPro (“Submissions”) are non-confidential and that we are free to use these Submissions for any purpose without compensation or acknowledgment.

Copyright Complaints

TutorConnectPro respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed upon, you can file a notice with our designated Copyright Agent. Please provide the following details in your notice:

  1. Proof of ownership of the copyrighted work or intellectual property.
  2. A description of the work that you believe has been infringed and a link or reference to the alleged infringement.
  3. Your contact information (address, telephone number, and email).
  4. A statement, under penalty of perjury, that you have a good faith belief that the disputed use is unauthorized.
  5. Your physical or electronic signature.

Upon receiving your notice, TutorConnectPro will process it according to applicable laws and may take down the infringing material.

Our designated Copyright Agent can be reached at:

Email: info@tutorconnectpro.com

Retention of Content

TutorConnectPro reserves the right to preserve or disclose User Content if required by law or in good faith that such disclosure is necessary to comply with legal obligations, enforce these Terms, or protect the rights and safety of users or the public.

Export Controls

The technology, software, and any related data provided through the Service may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations when accessing and using the platform.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TutorConnectPro has no control over such sites and resources and is not responsible for, and does not endorse, such sites and resources. You further acknowledge and agree that TutorConnectPro will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that TutorConnectPro is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and TutorConnectPro's use, storage, and disclosure of information related to you and your use of such services within TutorConnectPro (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and TutorConnectPro shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, TutorConnectPro is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, TutorConnectPro is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. TutorConnectPro enables these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify, and hold TutorConnectPro and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUTORCONNECTPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TUTORCONNECTPRO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY TUTORCONNECTPRO ON TUTORS ARE SOLELY FOR ITS OWN BENEFIT. TUTORCONNECTPRO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUTORCONNECTPRO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TUTORCONNECTPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF 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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TUTORCONNECTPRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TUTORCONNECTPRO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDity of such portion shall not affect the validity of the remaining portions of the applicable sections.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and TutorConnectPro, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and TutorConnectPro are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TUTORCONNECTPRO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS AGREED TO BY TUTORCONNECTPRO, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, ONE (1) ARBITRATOR MAY BE APPOINTED TO OVERSEE CONSOLIDATED CLAIMS BROUGHT BY MORE THAN ONE PERSON OR PARTY. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Pre-Arbitration Dispute Resolution

TutorConnectPro is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at info@tutorconnectpro.com. If a dispute arises, we strongly encourage you to first contact us to seek a resolution. If we cannot resolve the dispute through informal negotiations, we will provide a final opportunity to resolve it through the following procedure: (1) you must send a written notice of the dispute to us at info@tutorconnectpro.com (the “Notice of Dispute”); (2) you must provide TutorConnectPro with a description of your claim; (3) you must provide us with your contact information; and (4) you must give us a reasonable period of time (not less than thirty (30) days) to resolve your claim before you initiate arbitration.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website at www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page at www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that applying the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.

Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless TutorConnectPro and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, considering their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, TutorConnectPro agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will also be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable term that comes closest to expressing the intention of the invalid or unenforceable term, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any provisions of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Opt-out: You have a limited right to opt out of this Arbitration Agreement (excluding choice of governing law and forum as specified in the General section below). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms of Service during the account creation process. To opt out, you must send a timely email to arbitration@tutorconnectpro.com with your name, the email address for your account, and your username, along with a request to opt out of arbitration. If you validly opt out, neither TutorConnectPro nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms of Service (and any other agreements between us) will otherwise apply to you. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, TutorConnectPro agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending TutorConnectPro written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

TutorConnectPro reserves the right, in its sole discretion, to suspend or terminate your account or access to the Service for any reason, including but not limited to:

  • Lack of use.
  • Belief that you have violated these Terms of Service.
  • Any suspected fraudulent, abusive, or illegal activity, which may be reported to the appropriate law enforcement authorities.

TutorConnectPro may also discontinue the Service, in whole or in part, with or without notice. You acknowledge that termination may occur without prior notice and agree that TutorConnectPro will not be liable for any termination of your access to the Service.

User Disputes

You are solely responsible for your interactions with other users of the Service. TutorConnectPro has no liability regarding these interactions and reserves the right to become involved in disputes at its discretion.

General

These Terms of Service constitute the entire agreement between you and TutorConnectPro, superseding any prior agreements. You may be subject to additional terms when using third-party services or content.

  • Governing Law: These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
  • Jurisdiction: Any disputes not subject to arbitration must be submitted to the exclusive jurisdiction of state and federal courts in San Francisco County, California.
  • Waiver: The failure of TutorConnectPro to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Severability: If any provision is deemed invalid, the remaining provisions will continue in full force and effect.
  • Time Limitation: Any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim arose or be forever barred.
  • Assignment: You may not assign these Terms without the prior written consent of TutorConnectPro; however, TutorConnectPro may assign these Terms without restriction.
  • Notices: Notices to you may be made via email or regular mail. The Service may also provide notices of changes to these Terms.
Your Privacy

TutorConnectPro respects the privacy of its users. Please refer to our Privacy Policy for details on data collection and use.

Questions? Concerns? Suggestions?

For any questions, concerns, or to report violations of these Terms, please contact us at info@tutorconnectpro.com.