Terms of Use

Our Mission

The Tutor Matching Service Application is designed to automate the process of locating and contacting qualified tutors.

The Tutor Matching Service Application and website (collectively, "Tutor Matching Service") are operated by Tutor Matching Service, a Florida limited liability company (collectively, "us", "we" or "the Company"). This Terms of Use Agreement (“Terms of Use” or this “Agreement”) sets forth the legally binding terms for your use of the Tutor Matching Service Service. By using Tutor Matching Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Tutor Matching Service Application or site) or you are a “Member” (which means that you have added the Application or booked a tutoring session). The term "User" refers to a Visitor or a Member.

Agreement

By adding the Tutor Matching Service Application, you signify your consent with our Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Tutor Matching Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Tutor Matching Service Service. It is your responsibility to regularly review these Terms of Use.

Conduct

You agree that you may not use the Tutor Matching Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Tutor Matching Service Application. In addition, you agree not to use the Tutor Matching Service Application to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that 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;
  • intimidate, stalk or harass another;
  • harm minors in any way;
  • use or attempt to use another's account, service or system without authorization from the Company;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Tutor Matching Service Application; or
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • in any way violate the honor code or code of conduct of any institution to which your student or you yourself belong.
  • aid or encourage a student to violate the honor code or code of conduct of the institution to which a student belongs.
  • use Tutor Matching Service as a marketplace for services other than tutoring (such as essay writing, completion of a student’s assignments, etc.)

Your use of the Tutor Matching Service Application is at your sole risk unless otherwise explicitly stated. The Application and Tutor Matching Service Website, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. Tutor Matching Service 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. Tutor Matching Service makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Application or the Services provided by a tutor scheduled through the application.

By adding the Tutor Matching Service Application you acknowledge and agree that listed tutors are not employed by Tutor Matching Service, a specific Student Government Association, University or other educational institution.

Tutors listed in the Tutor Matching Service Application and tutees registering through the application have NOT been screened by Tutor Matching Service. You assume all responsibility for conducting reference or background checks for any tutor or tutee. Tutor Matching Service recommends that tutoring sessions take place in visible public locations. You assume all responsibility for personal safety and security.

Tutor Matching Service makes no warranty or representations that the Tutor Matching Service Application will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Application will be accurate or reliable; the quality of any services, content, information obtained through the Tutor Matching Service Application will meet your expectations or requirements; or any errors in the Tutor Matching Service Application 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 Tutor Matching Service Application, including any damages resulting from computer viruses.

Tutors listed in the Tutor Matching Service Application database shall be contacted only for tutoring purposes. Soliciting or contacting tutors for other purposes is strictly prohibited.

Terms of Tutoring Transactions

By adding the Tutor Matching Service Application and booking a tutoring session, you agree to pay all costs associated with tutoring sessions scheduled through the Tutor Matching Service application. These costs include but are not limited to: the hourly rate as listed; travel or transportation related to your tutoring session; and any cancellation fees noted in a tutor’s profile.

By submitting your information in the Tutor Matching Service Application, you acknowledge and agree that you are solely responsible for its form and content and all information included in your profile.

Indemnity

You agree to indemnify and hold Tutor Matching Service 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 use of or connection to the Tutor Matching Service Application (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

Disclaimer

Tutor Matching Service will not be involved in any tutor-student interactions in any subject. Tutor Matching Service is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after tutor- tutee interaction. We reserve the right, but have no obligation, to monitor interaction and disputes between Tutor/Tutees.

The Tutor Matching Service Application is provided on an "AS IS" basis and Tutor Matching Service disclaims all responsibility for any loss, liability, injury, claim, or damage of any kind resulting from any errors in the Application and its content including, but not limited to, typographical and technical errors and inaccuracies.

Limitation of Liability

To the full extent permitted by law, Tutor Matching Service 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 Tutor Matching Service Application, even if Tutor Matching Service 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: the use of or the inability to use the Site; 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; 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 content or information you my download, use, modify, or distribute.

This website and the Tutor Matching Service Application are owned and operated by Tutor Matching Service. The contents of this website including, but not limited to, the database information are protected by copyright laws and regulations. No material in any shape or form may be copied, reproduced, transmitted, or distributed.

Tutors

By submitting your information as a Tutor, you understand and agree that anyone with access to this application may view your information and your Tutor profile. Tutor Matching Service does not guarantee that a certain number of users or a specific will view your information, nor does Tutor Matching Service guarantee that you will be contacted for Tutoring.

When you register as a tutor through the Tutor Matching Service Application, you understand and agree that the information you provide is true and accurate and that you have the proper qualifications and expertise in the subjects you have selected at the time of registration. You are solely responsible for the form and content of all information provided and all information included in your profile.

Tutor shall use all reasonable efforts to protect tutee's interest in the information and keep it confidential, using a standard of care no less than the degree of care that tutor would be reasonably expected to employ for his/her own similar confidential information. In particular, tutor shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the tutee's prior written consent. Tutor shall disclose the information only to those persons who have a need to know the information for the purpose and who have been approved by the tutee to receive the information. Tutor shall, prior to disclosing the information, issue appropriate instructions to them to satisfy its obligations herein and obtain their written agreement to receive and use the information on a confidential basis on the same conditions as contained in the agreement.

Tutor understands and agrees that he/she is subject to all federal and state laws relating to the confidentiality of student information. Tutor further agrees to comply with the Family Educational Rights and Privacy Act ("FERPA"), 34 C.F.R. §99 et. seq. Tutor shall regard all student information as confidential and will not disclose the student information to any third party without legal documentation requesting such information.

Privacy

Use of the Tutor Matching Service Application is also governed by our Privacy Policy and our Tutor Rights and Responsibilities, which are incorporated into this Agreement by this reference.

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