Terms of Use

TERMS OF USE AGREEMENT

The Website provides the following service: A tutor referral and matching service and platform that provides clients, parents, and guardians a resource to finding independent contractor tutors (“Tutor”) for themselves and their children (“Company Services”). Tutoring Pros, LLC reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

 

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

BILLING & PAYMENTS

 

1. Payment: Payment for all Services must be by credit, debit card or PayPal. In the event we suspend or terminate your account because of a breach of these terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of the Service(s), any content or data associated with your account, or anything else. Where there is an unpaid or outstanding payment, mydreamleap may suspend or terminate your use of products that do not have an unpaid invoice or balance. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these terms, or amounts due because of your breach of these terms.

 

2. Payment Dispute: All information you provide in connection with a purchase or transaction must be accurate, complete, and       current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with the Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within forty-eight (48) hours of such payment. Failure to notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment. Once evaluated, if Company agrees with the dispute it will refund up to the amount paid for the Service.

 

3. Subscriptions: You may choose a subscription plan through the Service. We offer “Monthly Subscriptions”, which consist of an initial charge followed by recurring charges every month. By signing up for our Service, you acknowledge your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges before cancellation or termination.  The initial payment will be charged at the time of first checkout. Then, we’ll submit periodic charges (e.g., yearly) without further authorization from you, until you opt out of auto-renewal. Payments are automatically withdrawn on the 1st of the month, regardless of sign up date. This date cannot be manually changed, as it is set up automatically within our system.

 

4. Cancellation: To cancel a Service, you must make the request by email, no later than 24 hours before your subscription plan is set to renew. Cancelling a Service will not cancel the products or services that have been paid for and no refund will be issued for these items. But it will stop future renewal charges. Any unused time in your subscription will be refunded on a pro-rated rate, provided you aren’t in breach of these Terms of Service. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. We also reserve the right to modify or remove subscription plans without prior notice or liability.

 

5. Discounts: Promotional codes/discounts are only valid on an initial order, and not with the recurring charges unless we say otherwise. Gift plans and/or e-gift cards must be redeemed within one year of purchase. Once redeemed, they cannot be cancelled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.

 

6. Refund: Refunds are not given by the Company. However, Company does hold the right to issue refunds under certain circumstances at their sole discretion. 

 


 

ACCURACY OF INFORMATION

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

 

ACADEMIC HONESTY

 

You acknowledge and agree not to use Tutoring Pros LLC’s services for any purpose that violates academic honesty policies or other conduct policies of your school, college, university, workplace, and/or other academic institutions. This includes, but is not limited to, hiring tutors to complete assignments, write papers, take tests or otherwise do work on your behalf. You agree that Company’s services are for the purpose of facilitating learning, not cheating.


 

USER DATA

 

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

 


 

THIRD PARTY WEBSITES & CONTENT

 

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links.” This means if you click on the link and purchase an item, Tutoring Pros, LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 


 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 


 

PROHIBITED USES

 

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

 

  1. For any unlawful, criminal, or tortious activity

  2. To solicit others to perform or participate in any unlawful acts

  3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

  6. To submit false or misleading information

  7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

  8. To collect or track the personal information of others

  9. To spam, phish, pharm, pretext, spider, crawl, or scrape

  10. For any obscene or immoral purpose

  11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

Additionally, you agree that no tutors contracted through the Website can be contracted by parents/guardians/students outside the legal parameters set up by Company. Once a Tutoring Pros, LLC independent contractor tutor has been paired with a paying user for the purpose of tutoring, they must always record their tutoring sessions and process payments through Company’s systems, and may not continue the tutoring relationship outside of Tutoring Pros, LLC. Breaking this agreement and providing tutoring services independent of Company is grounds for removal from Website, termination of any future contracting through Company’s provided services, and possible litigation.

 

Tutoring Pros, LLC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Any use of the website that is inappropriate and/or offensive, in accordance with Company’s discretion, may result in the suspension or termination of a user with or without notice. You acknowledge that Tutoring Pros, LLC shall have the right to verify the above representations and warranties, including conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure to accomplish such verification.

 


 

INTELLECTUAL PROPERTY RIGHTS

 

This Agreement does not transfer to you any intellectual property owned by Tutoring Pros, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Tutoring Pros, LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Tutoring Pros, LLC or Tutoring Pros, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services is for your information and personal use only and grants you no right or license to copy, reproduce, aggregate, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Tutoring Pros, LLC or third-party trademarks or content without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:

 

  1. Monitor the Website for violations of this Agreement;

  2. Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

  3. In Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

  4. In Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;

  5. Otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.



 

LIMITATIONS OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUTORING PROS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF TUTORING PROS, LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TUTORING PROS, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO TUTORING PROS, LLC FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

 

IN NO EVEN SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER OR CONSEQUENTIAL ,OR EXEMPLARY DAMAGES, THAT MAY OCCUR DURING A TUTORING SESSION BETWEEN A TUTORING PRO, LLC INDEPENDENT CONTRACTOR TUTOR AND A CLIENT/STUDENT, IN THE EVENT THAT NO PARENT OR GUARDIAN IS PRESENT DURING THE TUTORING SESSION.


 

DISCLAIMER OF WARRANTY

 

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 


 

CONFIDENTIALITY

 

You agree to Company and such third parties, during the term of this Agreement and thereafter, to hold all Confidential Information regarding client and tutor’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”) in strict confidence. You will not disclose Confidential Information to any person, firm, corporation, website, or academic institution or to use it except as necessary in carrying out the services consistent with this agreement.



 

YOUR CONTENT AND CONDUCT

 

1. Providing Content: You may submit Content, however, you understand any Content you post is non-confidential and non-proprietary. Don’t post information relating to identification such as social security numbers, driver’s license number, etc. You are responsible for the Content you submit, and you represent and warrant (promise) that you own the all licenses, consents, and permissions to publish the Content you submit or that you’ve obtained them from the owner. You agree to indemnify, defend and hold us harmless against any damages mydreamleap Parties suffer (including royalties or fee) as a result of your Content. Content must follow all our user policies. We reserve the right to remove or refuse to post Content for any reason or no reason at all in our discretion.

 

2. How We Use your Content: You give mydreamleap a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform your Content in connection with this website and/or a Service and its (or its successors' and affiliates') business. Business means the purposes of publishing and advertising material through the Service, customizing Services, executing on your requests through the Service, maintaining our Service and promoting our Service. This license includes your name, logo, and trademarks. You also give each user of the Service a non-exclusive license to access your Content and to use, reproduce, distribute, display and perform your Content through functionalities of the Service. To be clear, this license does not transfer ownership. However, you may revoke the rights above by deleting your account. Do keep in mind, your Content may be removed from our Services but we can’t guarantee Content will be removed from the Internet. Also, mydreamleap may retain server copies for archival purposes.

 

3. Investigations: We may disclose your identity (or other information about you) to a third party who claims Content you post violates their rights or take legal action for any illegal or unauthorized use of the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.


 

TERMINATION OF USE OF AN ACCOUNT

Please note, use of our Services does not give users a continued right to use or have access to Services. We reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms of Service, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others.



 

COPYRIGHT POLICY
If you are a copyright owner (or an agent thereof) and believe Content infringes your copyrights, please see our Copyright Policy at the Copyright Policy section of the website.