Aggieland Tutoring, LLC – Terms of Service
1. Overview and Important Definitions
The Aggieland Tutoring, LLC World Wide Web Site (the “Site”), the services provided in connection therewith (the “Services”) and any Software or materials made available from Aggieland Tutoring, LLC, any of its representatives, or the Site in connection with the Services (the “Software”) are owned, operated and maintained, as applicable, by Aggieland Tutoring, LLC (“We”, Our or Us). By (1) using or accessing the Site or the Services; (2) accepting, downloading, accessing, installing or using the Software; or (3) paying for someone else to use or access the Site or the Services or accept, download, access, install or use the Software on your behalf, you agree to the Terms and Conditions set forth below (the “Terms”). If you do not agree with these Terms, neither you nor your designee or giftee may accept, access, download, install, or use (as applicable), the Site, the Services, or the Software. For the purposes of this agreement, “you” means a user, and/or the student who attends, accesses or uses the Services, as well as a parent or guardian who pays for access to the Services. If you are a parent, guardian, or any other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making Us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Site and your continued use of the Site, Services, and/or Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the Site.
Through Our Services, Site, and Software, We enable users to connect with tutors (Tutor) who provide live, one-on-one instruction, tutoring and learning services (Tutoring Session) at Our facility (Location, Building or Office) or at a location agreed upon by the Tutor and the User. The Services include, without limitation, assisting students with homework questions, exam reviews, note taking, and academic advice. The Services also include facilitating and hosting Tutoring Sessions at Our Location, and taking feedback from students.
As part of the Services, We may require all Tutors to pass a third-party verification service (“Verification Service”), which makes reasonable commercial efforts to confirm the validity of Tutors’ claimed educational credentials and lack of criminal history. We do not control and are not responsible for the Verification Service or any information provided by such Verification Service. Furthermore, We do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Tutors.
You are solely responsible for all service, electronic and/or other, fees and costs associated with your access to and use of the Site and Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
The Services are currently available 360 days of each standard year and 361 days of each leap year. The Services are unavailable on New Year’s Day, Independence Day, Thanksgiving Day, and Christmas Day. On those holidays the We are closed and the Services will be unavailable beginning at 12:00 a.m. and will reopen at 8:00 a.m. on the following day (all times are U.S. Central).
4. Registration Obligations
To use the Services, you will need to register on the Site, and obtain an account, username and password. When you register, the information you provide to Us during the registration process will help Us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify Us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by Us or another party due to someone else using your account(s), username(s) or password(s).
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or if We believe that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the Site, the Services, or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with Us without Our advance written permission.
5. User Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Site, the Tutors or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as Our developing, manufacturing, and marketing Our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to Us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload, communicate or otherwise transmit or post to Us under the “fair use” doctrine of copyright law. In addition, if you request that Our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to Our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of “fair use” under copyright law.
You agree that We may record all or any part of any Tutoring Sessions (including voice and chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that We own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to Us on or through the Site, the Services or any other means, such as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
You acknowledge that the Software, the technology underlying the Services, and all other Software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Site, the Software or the Services (collectively, the “Company Content”) are the proprietary works of Us and/or Our affiliated and/or third party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by Us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, Company Content or the Services, in whole or in part. You will not, in any manner, without Our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the Site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for non-commercial personal or educational use only and We grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for non-commercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by Us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by Us and an original source attribution to Us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by Us in advance in writing. You acknowledge that We and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the Site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the Site, the Company Content or the Services. The rights granted to you herein are revocable by Us in accordance with these Terms.
7. Confidential Information
You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without Our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify Us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause Us irreparable damage and that We will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
The Site or the Services may provide links to non-Aggieland Tutoring, LLC World Wide Web sites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Because We have no control over Third Party Sites, you acknowledge and agree that We are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
9. Conduct, Fraud, and Consequences of Fraud
You may only access the Site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the Site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the Site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. A violation of this agreement may lead to a suspension of your account. You agree that you will not solicit any personally identifying information from any tutor including their full name, address, telephone number, email address, social security number, password or any other information that could be used to intrude on their personal life or locate their home, and you agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any out-of-office meeting or conversation, you agree to immediately report this to Us by phone and in writing.
You agree that if you defraud or access Our system (or Tutors) through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay Us $50 per hour, plus all costs We incur related to detecting and investigating your improper action(s), for each hour (or part thereof) that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use.
You agree that Our cost of investigation will always be a minimum of $250 and will include inside and outside attorney and paralegal time and related fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe, such as the costs related to requesting subpoenas from courts and then serving those subpoenas on you as well as serving them on Internet Service Providers, phone companies, schools, and other persons or organizations that We feel may be able to assist with Our investigation.
For the purposes of this document, defrauding Our system or accessing them improperly means creating accounts and/or adding time/money to them and/or using time/money from them in any manner other than by following Our defined procedures for creating valid accounts and then paying for the tutoring you receive.
Examples of improper access include (but are not limited to) using any means to circumvent Our registration or payment systems, hacking Our System in any way, using the System when you have been notified that your permission to use the Service has been revoked, sharing your account information or anyone else’s account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, or failing to log yourself out following a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts, phone numbers, and/or credit card numbers) to attempt to avoid paying for the Service. This may include, but is not limited to using multiple promotions, coupon codes or offers, deliberately avoiding depletion of account minutes or monies, selling or auctioning of login credentials, and credit card fraud.
Further, you explicitly agree that if you have at any time provided Us with a valid credit card number for any reason, including initial authorization of your account (when applicable), you hereby explicitly agree that We have your approval to charge your card for the full amount of the time you obtained improperly, plus a minimum of $250 towards Our costs. For example, if you create twenty accounts on Our Site (www.aggielandtutoring.com) under a hypothetical “one free hour” promotion, using multiple phone numbers and/or credit cards, you agree that We may charge your card $1,000 (twenty hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that We retain the right to collect any additional actual costs.
10. Disclaimer of Warranty; Limitations
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES OR THIRD-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
You agree to indemnify, defend and hold harmless Us, and Our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers (including Our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third-party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to Us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
12. Trademark Notice
The trademarks, service marks, and logos (collectively the “Trademarks”) used and displayed on the Site or in any Company Content are registered and unregistered Trademarks of Us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce Our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either Ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit the use of Our logo as a “hot” link to any other World Wide Web Site unless approved by Us in advance in writing.
13. Local Laws; Export Control
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.
14. Modifications to the Service
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that We will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.
We may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of Our applicable policies, as posted on the Site from time to time. Furthermore, We may terminate these Terms without notice to you by terminating your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period unless you renew, or have renewed, your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, We may delete all information related to you on the Services and may bar your access to the site and use of the Services. Upon the termination of these Terms, you will immediately destroy any downloaded or printed Company Content.
These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to Our benefit and to the benefit of Our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Texas applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Texas. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
17. Purchase, Payment, Recurring Monthly Billing
When you select a discounted tutoring package, We immediately charge your credit card and put into your account the number of hours that correspond to your discounted tutoring package. This is a one-time charge and will not be automatically recharged or “auto-filled” on any period or for any reason. When you finish a tutoring session, We deduct the dollar amount corresponding to the session you spent with the tutor from your account balance.
The hours We place in your account remain in your account until you use them in a session with one of Our Tutors, or until you cancel your discounted tutoring package. As long as you have a discounted tutoring package, your hours “roll over” from one month to the next. If you cancel your discounted tutoring package, We remove your unused hours from your account immediately and without refund.
While enrolled in a discounted tutoring package, you may not purchase additional hours at the same discounted rate and have them added to your package. If you would like to purchase additional hours at a discounted rate you may do so by purchasing an additional discount package at any time. We do not limit the number of discount packages you purchase.
18. Satisfaction Guarantee
While We hope that you will be completely satisfied with Our Service, and We are proud that more than 95% of Aggieland Tutoring users would recommend Us to a friend, yet We understand that unsatisfactory experiences happen on occasion.
If you do have an unsatisfactory session, please let Us know about your experience so that We may investigate and hopefully improve Our Service. To report an unsatisfactory session you may call Us during business hours at (979) 704-0082. If Our internal review process determines that your session did not meet Our standards of quality, We will issue you one or more coupons, which you may redeem at any time for 1 free hour. Coupons must be used within 6 months of the day you receive them.
Please remember that Our tutors will not give answers to questions! They will only help you understand how you can solve problems for yourself. Accordingly, We do not give credits or refunds for sessions in which a student demands that a tutor provides them with answers and the tutor refuses.
19. How to Cancel—Refunds Are Available Only Within 24 Hours of Initial Purchase
If you would like to cancel your account for any reason, you may do so by calling Us at (979) 704-0082. When you cancel your account, any unused hours left in your account will be immediately expired and non-refundable.
If you decide to cancel within 24 hours of creating your account, you can call Us to request a refund for any unused hours left in the account on a non-discounted and/or prorated basis. For example, if you create your account and then immediately purchase a 10-hour discounted tutoring package for $450, use 2 of your 10 hours, and request a refund within 24 hours of creating your account, We will refund $350 of your initial purchase. No refunds will be issued if you cancel your account after your first 24 hours.
Please note that for security reasons We can only process refund requests by phone or in person. You must call Us at (979) 704-0082 within 24 hours of creating your account to request a refund. You must also provide enough identifying information so that We may verify your account and transaction.
Please call Us at the same number if you have any question about this or any other Aggieland Tutoring policy.
20. Governing Law, Personal Jurisdiction, and Venue
The laws of the State of Texas will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
For the purpose of litigating all such claims, you agree to submit to the personal jurisdiction, and that venue is proper in any court located in College Station or Bryan, Texas.
You agree to resolve any claim, cause of action or dispute you have with Us arising out of or relating to these Terms of Service or Aggieland Tutoring exclusively in a state or federal court located in either College Station or Bryan, Texas.