Terms of Service
TutorBuddies Inc. (hereafter referred to as “TutorBuddies”, “we”, “us”, or “our”) operates the TutorBuddies service and related web and mobile applications.
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by TutorBuddies (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
This Agreement applies to all visitors, users, and others who access the Service (hereafter referred to as “Visitors or “Users”). Failure to use this Service in accordance with the following Terms of Service Agreement may subject you to severe civil and criminal penalties.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement (including the policies and procedures referenced herein). If we substantively amend this Agreement, we will give you at least five (5) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change, or after explicitly accepting the amended Agreement upon logging into the Service, constitutes your acceptance of the new Terms of Service.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
TutorBuddies provides this Service to Users seeking tutoring services (“Students”) and to Users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf Users accept these Terms (collectively "you"). These Terms are entered into by and between TutorBuddies and you, and you accept them by: (a) using or visiting the Service in any manner; (b) creating an account through the Service; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, please do not use the Site.
Registered Users of the Service may submit, upload and post text, pictures, graphics, links, and other content, data or information (“User Content”), which will be stored by TutorBuddies at the direction of such registered Users, and may be shared and distributed by such registered Users, and other Users of the Service, using the tools and features provided as part of the Service. The Service also enables registered Users to interact with one another and to contribute to discussions, and enables any user of the Service (who may or may not be registered Users) to search, view, to and share Content uploaded and made available by registered Users.
You may use the Service only if you can form a binding contract with TutorBuddies, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by TutorBuddies.
Students are responsible for selecting the right tutor for their needs. In making these decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience. You acknowledge and agree that TutorBuddies acts as a mere passive conduit and platform to facilitate the introduction between Students and Tutors, and that TutorBuddies shall have no liability for verifying the suitability of Tutors for individual Users.
In consideration of your use of the Service, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Service ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to TutorBuddies, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Service ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TutorBuddies or other Users of the Service; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. It is TutorBuddies’ policy (in appropriate circumstances and at its discretion) to disable or terminate the account of users who violate our Terms of Service, or who are repeatedly flagged or accused of overstepping The Rules of TutorBuddies.
You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. In connection with your use of our Service, without limiting the foregoing, you may not and agree that you will not:
(a) use our Service in connection with the distribution of unsolicited commercial material (“Spam”) including and without limitation advertisements, or any off-topic or insignificant content; (b) defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others; (c) infringe the rights of any person or entity, including without limitation, their intellectual property or contractual rights; (d) collect or store any information about any other User; (e) register for more than one User account or register for a User account on behalf of an individual other than yourself; (f) impersonate any person or entity, or falsify or otherwise misrepresent yourself of your affiliation or enrolment with any person, entity, or institution; (g) use the Service for any purpose that is in violation of local, state, provincial, national, or international law; (h) upload or transfer files that contain viruses, trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, slow-down, crawl, disable or otherwise sabotage the operation of any device, computer system or network; (i) take any action that would manipulate or undermine any aspect of the Service; (j) attempt to gain unauthorized access to the Service, other User accounts, or other devices, computer systems or networks connected to the Service; (k) advertise or offer to sell any goods or services for any commercial purpose that are not appropriate or relevant to the Service; (l) download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service; (m) use, display, mirror or frame the Service, or any individual element within the Service, TutorBuddies’ name, any TutorBuddies trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TutorBuddies’ express written consent; (n) access, tamper with, or use non-public areas of the Service, TutorBuddies’ computer systems, or the technical delivery systems of TutorBuddies’ providers; (o) attempt to probe, scan, or test the vulnerability of any TutorBuddies system or network or breach any security or authentication measures; (p) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TutorBuddies or any of TutorBuddies’ providers or any other third party (including another User) to protect the Service or any content thereon; (q) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or (r) advocate, encourage, or assist any third party in doing any of the foregoing.
TutorBuddies has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TutorBuddies may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.
In order to access certain features of the Service, and to find or become a Tutor, you must register to create an account (“TutorBuddies Account”).
You may not have more than one (1) active TutorBuddies Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TutorBuddies reserves the right to suspend or terminate your TutorBuddies Account and your access to the Service for any reason or no reason. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TutorBuddies Account, whether or not you have authorized such activities or actions. You will immediately notify TutorBuddies, via firstname.lastname@example.org, of any unauthorized use of your TutorBuddies Account.
Once you register for a TutorBuddies Account, you may create a tutor profile (“Profile”). You will be asked a variety of questions about your educational background, knowledge or proficiencies to be listed, for which you must provide accurate and true information. In order for your Profile to be published via the Service, all profiles must have a verified email address associated with the TutorBuddies Account. Profiles will be made publicly available via the Service, and other Users will be able to contact you via the Service based upon the information provided in your Profile.
You acknowledge and agree that you are solely responsible for any and all information you post on your Profile. Accordingly, you represent and warrant that any information you post on your Profile is not in conflict with the rights of any third parties. Please note that TutorBuddies assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations. TutorBuddies reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that TutorBuddies, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service and/or its Users.
You agree that any and all information you post is not duplicate information (defined as being comprised of the same or substantially the same content), both within the same Profile and throughout other Profiles. You also agree to post information in only the correct section of your Profile. Accordingly, TutorBuddies reserves the right to remove duplicate information and reallocate miscategorized information to the correct section of a Profile.
TutorBuddies makes certain tools available to you to help you to make informed decisions about which Users you choose to connect with. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in or are otherwise present at the Service or activity at your request or invitation, including the User (and the individuals the User invites to participate in the service or activity, such as a group tutoring session, if applicable).
You understand and agree that TutorBuddies does not act as an insurer or as a contracting agent for, or representative of, you as a User. Any agreement you enter into with such User is between you and the User and TutorBuddies is not a party thereto.
TutorBuddies does not endorse any User, TutorBuddies Account, TutorBuddies Profile, or User Content. In addition, although this Agreement requires Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Service. TutorBuddies will not be responsible for any damage or harm resulting from your interactions with other Users.
BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM TUTORBUDDIES WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS ON THE SERVICE REGARDING ANY ARRANGEMENTS MADE BY YOU AND THE USER.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, STUDENTS AND TUTORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. TutorBuddies is not an employment service and does not serve as an employer of any User. As such, TutorBuddies will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of our Service.
Subject to your compliance with the terms and conditions of this Agreement, TutorBuddies grants you a limited, non-exclusive, non-transferable licence to access and view any TutorBuddies Content solely for your personal and non-commercial purposes, and solely for the purposes expressly permitted by the Service. You have no right to sublicence or transfer the licence rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TutorBuddies or its licencors, except for the licences and rights expressly granted in this Agreement.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback (defined below), pictures, and other content or information (“User Content”). For the avoidance of doubt, User Content shall include all information posted, transmitted, or otherwise made available by Users on the Service in connection with the creation of a Profile.
You agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person, entity, or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current or (i) violates any school or other applicable policy, including those related to cheating or ethics.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below)or rights of privacy. TutorBuddies reserves the right, but is not obligated, to reject, modify and/or remove any User Content that TutorBuddies believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with any copyrights or intellectual property rights organization in any jurisdiction.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following: (a) You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) Your User Content and TutorBuddies’ use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (c) TutorBuddies may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; (d) To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
TutorBuddies takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that TutorBuddies shall not be liable for any damages you allege to incur as a result of User Content.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to TutorBuddies a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and TutorBuddies’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive licence to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of TutorBuddies and you hereby irrevocably assign to TutorBuddies and agree to irrevocably assign to TutorBuddies all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At TutorBuddies’ request and expense, you will execute documents and take such further acts as TutorBuddies may reasonably request to assist TutorBuddies to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Except as expressly authorized by TutorBuddies, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the User Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software or feature TutorBuddies discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any licence to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Trademarks and Content owned by TutorBuddies via the Service provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or licence covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this Agreement. Upon termination, you must immediately destroy any downloaded and/or printed Content.
TutorBuddies respects copyright law and expects its Users to do the same. It is TutorBuddies’ policy to terminate in appropriate circumstances the TutorBuddies Accounts of Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that a User of the Service is infringing the rights of a copyright holder, please report the User to firstname.lastname@example.org with a description of the behaviour or content you believe to be the subject of infringement.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, and User Content belonging to other Users (“TutorBuddies Content”), and all Intellectual Property Rights related thereto, are the exclusive property of TutorBuddies and its licencors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any TutorBuddies Content. Use of the TutorBuddies Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services or links to social media accounts (hereinafter “External Services”).
TutorBuddies does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, TutorBuddies does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
TutorBuddies disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against TutorBuddies with respect to the content or operation of any External Services.
If you interact with or discover a User who you feel is acting or has acted inappropriately, including but not limited to: anyone who engages in offensive, fraudulent, violent or sexually inappropriate behaviour, or engages in any other disturbing or unauthentic conduct, you should immediately report the User to TutorBuddies by contacting us with the User’s information at email@example.com; provided that you agree your report will not obligate us to take any liability to you. Nonetheless if you find a Profile that appears misleading or is not in line with this Agreement or our Community Guidelines, then you should report it to firstname.lastname@example.org.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement or your access to our Service, and (b) deactivate or cancel your TutorBuddies Account. You may cancel your TutorBuddies Account at any time via the Deactivate my Account feature or by sending an email to email@example.com. Please note that if your TutorBuddies Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Service.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TUTORBUDDIES DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, STUDENTS AND TUTORS. THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TUTORBUDDIES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TUTORBUDDIES MAKES NO WARRANTY THAT THE SERVICE, PROFILES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TUTORBUDDIES MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY PROFILES OR CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TUTORBUDDIES OR THROUGH THE SERVICE OR ANY CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY STUDENTS OR TUTORS. YOU UNDERSTAND THAT TUTORBUDDIES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. TUTORBUDDIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, STUDENTS AND TUTORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST TUTORBUDDIES USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TUTORBUDDIES’ ATTENTION, TUTORBUDDIES MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TUTORBUDDIES DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TUTORBUDDIES DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICE WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICE DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
TUTORBUDDIES AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, AND YOUR CREATION OR BROWSING OF ANY PROFILES VIA THE SERVICE REMAINS WITH YOU. NEITHER TUTORBUDDIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT THEREON, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TUTORBUDDIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN TUTORBUDDIES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold TutorBuddies and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; and (c) your (i) interaction with any User, (ii) booking of a tutoring session, (iii) creation of a Profile, or (iv) including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind.
This is a standard legal provision, which says that if any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Any term that is not valid will be removed from the Agreement without affecting the validity of the rest of the agreement. Should one or more provisions of this Terms of Service Agreement be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without TutorBuddies’ prior written consent.Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. TutorBuddies may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service Agreement is not intended to give rights to anyone except you and TutorBuddies. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by TutorBuddies via email (in each case to the account address that you provide) or by conspicuous posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, notwithstanding conflict of law principles. All disputes and controversies arising out of or relating to these Terms or the relationship of the parties shall be finally and bindingly resolved in accordance with the provisions of the Arbitration Act (Ontario). The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.
In the unlikely event that TutorBuddies’ help centre is unable to resolve a complaint you may have (or if TutorBuddies has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve any claim, dispute, or controversy (excluding any TutorBuddies claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), legal proceedings or litigation arising in connection with the Service will be brought solely in the Province of Ontario, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing TutorBuddies from seeking injunctive or other equitable relief from the courts as necessary to protect any of TutorBuddies’ proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TUTORBUDDIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
The failure of TutorBuddies to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TutorBuddies. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
If you have any questions about this Agreement or the Service, please contact TutorBuddies at firstname.lastname@example.org or at the mailing address TutorBuddies Inc. 720 King Street West, Suite 450 Toronto, Ontario M5V 3S5
Article last updated on Nov-12-14
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