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TutorsQ

Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY.

TutorsQ.com, along with its associated website and mobile content (“Website” or “TutorsQ”), is owned and operated by TutorsQ, Inc. TutorsQ provides an online space for users to learn from the best and brightest in specific fields (“Services”). TutorsQ makes these Services available through this Website and subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with TutorsQ and your use of the Services.

BY USING THE WEBSITE, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. TUTORSQ RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER TUTORSQ AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.

1. User Warranties

You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website or using the Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.

2. Privacy Policy

TutorsQ hereby incorporates its Privacy as if fully restated herein.

3. Ownership of Intellectual Property

TutorsQ is the owner of all rights in and to the Website, Services, and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and TutorsQ provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.

TutorsQ is the owner of the TUTORSQ mark, which is a registered or common law trademark, design mark, and trade name of TutorsQ. TutorsQ is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of TutorsQ. You are prohibited from using TutorsQ’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners

TutorsQ hereby provides you with a limited, non-exclusive, non-assignable, non-sub licensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to TutorsQ

4. User Accounts

TutorsQ requires you to register an account (“Account”) to become a Student or Teacher and to use additional areas of the Website, including the ability to enroll is a Class or offer to teach a Class. You may only use your Account, and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide TutorsQ with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to TutorsQ. By creating an Account, you agree that TutorsQ may contact you by any available means, including, but not limited to, email.

5. Students’ Use of the Services

When you enroll in a Class, you agree to the Teacher’s conditions for the specific class. Further, you agree to enroll in the class and obtain access to the class materials for yourself and your personal use only and not for any third party. Copying and sharing of class materials is strictly prohibited and may constitute copyright infringement. You agree to represent yourself in a respectful and professional manner. TutorsQ reserves the right to suspend, modify, or terminate your access to the Website, your Account, the Services, or any specific class or class materials for your breach of any provision of this Agreement.

6. Teachers’ Use of the Service

When you offer to teach a Class, you are making certain warranties and representations to TutorsQ. Specifically, you are representing that you are qualified to teach the subject class not only in knowledge of the subject area, but also in your teaching methods, communication, and preparedness. You agree to represent yourself in a courtesy and professional manner.

To host a class on TutorsQ, Teachers must submit their teaching materials as may be required for internal review. TutorsQ will review the materials for quality, completeness, professionalism, subject matter, and any other criteria of TutorsQ choosing. TutorsQ retains absolute and sole discretion to approve or reject any Teaching, proposed class, or portions of any teaching materials.

You specifically warrant and represent that any materials you provide in association with the subject Class are your materials and that they do not infringe on the intellectual property rights of others. Teaches retain all ownership of their own teaching materials provided to TutorsQ, but grant TutorsQ a license to use the teaching materials as provided in provisions regarding User Generated Content.

7. Teacher Payment Information

In order to host a class on TutorsQ, Teachers must pay a monthly fee as displayed on the Website, as updated from time to time. All payments for Services are non-refundable. You hereby authorize TutorsQ’s payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all fees and charges on time, including all recurring payments, and TutorsQ may terminate or disable your access to the if you fail to pay any amount owing to TutorsQ when due. You agree that you will pay all costs of collection, including legal fees, incurred by TutorsQ in collecting any amount that you owe to TutorsQ

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and Services. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that TutorsQ is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or TutorsQ’s payment processor. You agree that you will not initiate any chargebacks to TutorsQ unless otherwise authorized by TutorsQ in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against TutorsQ.

Teachers hosting a class on TutorsQ may charge students to enroll in the class. While the price per class is within the Teacher’s discretion, TutorsQ reserves the right to set a minimum and maximum price or reject or otherwise delete a class based on pricing issues, as determine in TutorsQ’s sole discretion. TutorsQ permits Teachers to set up and otherwise arrange for student’s payments to made direct to the Teacher. To be clear, TutorsQ does not collect student payments and is not responsible for remitting payment to Teachers. Any and all transactions in which a Teacher is paid will be conducted through third-party payment processors and will be subject to those payment processor’s fees, terms, conditions, and other regulations.

TutorsQ reserves the right to suspend, modify, or terminate your access to the Website, your Account, the Services, or any specific class or class materials for your breach of any provision of this Agreement. Further, TutorsQ reserves the right to delete any Class from the Website in its sole and absolute discretion and for any reason or no reason whatsoever.

8. User Generated Content

TutorsQ may provide users with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, photographs, images, text, comments, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). Except as otherwise provided herein, users own all rights in and to their User-Generated Content. By submitting User-Generated Content to the Website, users grant TutorsQ a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website and Services. These purposes may include, but are not limited to, providing you or third parties with the Website or Services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content.

By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted. You warrant that any User-Generated Content that you submit will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violation any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. Though TutorsQ undertakes commercially reasonable efforts to ensure that communications through the Website are secure, TutorsQ makes no guarantee or warranty that your use of the Website or Services will be secure. You acknowledge and agree that all messages or content posted or transmitted by you through the Website or Services will be deemed to be readily accessible to the general public, and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website or Services for any communication that you intend only you and the intended recipient(s) to read.

9. Restrictions on Use of the Website and Services

You are expressly prohibited from making any use of the Website or Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of TutorsQ. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with TutorsQ’s robots.txt file. The following is a non-exhaustive list of prohibited conduct, which shall be determined in TutorsQ’s sole discretion:

  • Transmitting unsolicited commercial email messages through the Website or to users of the Website
  • Imposing a disproportionate load on the Website or its server infrastructure, or otherwise attempting to interfere with the operation of the Website
  • Circumventing TutorsQ’s technological or security protection mechanisms
  • Using a robot, spider, scraper, or other automated technology to access the Website
  • Attempting to gain access to the private data or personal information of a user or the Website or a third party
  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties
  • Harassing a user of the Website
  • Harassing a third party through your use of the Website
  • Posting or transmitting content that threatens or encourages bodily harm or the destruction of property
  • Posting or transmitting content that infringes upon the intellectual property rights of other uses of the Website or third parties
  • Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter

You understand that TutorsQ does not perform any background checks on its users, visitors, or Members, whether criminal or otherwise. You are responsible for investigating the background of any Member that you interact with through the Website or Services.

10. Communication With You

By submitting your contact information to the Website, including registering an Account, you agree that TutorsQ may contact you at the contact information that you have provided to TutorsQ, including, but not limited to, through e-mail or telephone. You understand and agree that you may opt out of future correspondence from TutorsQ by either clicking the unsubscribe link within the e-mail sent to you by TutorsQ, or by terminating your Account.

11. TutorsQ As Service Provider

You understand and agree that TutorsQ provides the Website and Services as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct of users of the Website, whether through Accounts or otherwise. You acknowledge that TutorsQ is considered a computer service provider under Section 230 of the Communications Decency Act and, though TutorsQ may edit, remove, or control the content displayed through the Website, you agree that TutorsQ will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.

12. Third Party Links

You understand and agree that the Website may contain links to third party websites that are not owned or controlled by TutorsQ. TutorsQ will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

13. Copyright Policy

The Website and its associated content and services are © 2017 TutorsQ, Inc.

If you believe that a user of the Website has infringed upon your copyright rights, you may provide TutorsQ a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

Upon receipt of a notice that complies with this section, TutorsQ will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

This notice of copyright infringement must contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner
  • Identification of the copyrighted work(s) alleged to have been infringed
  • The location of the copyrighted work(s) on the Website
  • Your contact information, such as an address, telephone, fax number, or email address
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owne

If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

  • Identification of the specific materials that have been removed from the Website
  • Your contact information, such as an address, telephone, fax number, or email address
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification
  • A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which TutorsQ is located
  • A statement that you will accept service of process from the notifying party
  • Your physical or electronic signature

Notifications of copyright infringement and counter-notifications must be submitted to TutorsQ at copyright@TutorsQ.com

14. Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Account will not terminate any obligation that you may have to make payment to TutorsQ for amounts due and owing. TutorsQ may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement. If your account is terminated, TutorsQ reserves the right to permanently delete all of your content, including teaching and/or class materials

15. Disclaimer of Warranties

TUTORSQ PROVIDES THE WEBSITE AND SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

16. Limitation of Liability

TUTORSQ WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF TUTORSQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TUTORSQ WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE. TUTORSQ IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TUTORSQ RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY

TUTORSQ DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND YOU AGREE TUTORSQ IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.

17. Indemnification

Students, Teachers, and any other person or entity using the Website or Services agrees to hold harmless, indemnify, and defend TutorsQ, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website or the Services, including all claims arising from your participation in a Class or any use of the Website or Services, your registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend TutorsQ under the terms of this Agreement will not provide you with the right to control TutorsQ’s defense, and TutorsQ reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend TutorsQ.

18. Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TutorsQ may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

19. Resolution of Disputes and Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of the State of Maine, without regard to the conflicts of laws rules thereof.

You agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts governing Cumberland County, Maine and pursuant to Maine law. You expressly consent to personal and subject matter jurisdiction in this forum and waive any claims which may involve venue, including all claims of forum non conviens. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement.

ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.

20. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

21. Integration

This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind TutorsQ.

22. Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

23. Reservation of Rights

All rights not expressly granted herein are reserved to TutorsQ, including the right to suspend or refuse to provide services to Users, Members, Hosts, Hunters, or visitors to the Website in TutorsQ’s sole and absolute discretion.