TERMS AND CONDITIONS
Last Updated: October 29, 2021
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
I. User's Acknowledgment and Acceptance of Terms and Conditions
AS DETAILED IN THE SECTIONS BELOW, IF YOU ARE A PROVIDER MEMBER, YOU UNDERSTAND AND AUTHORIZE MYTUTORING.CO TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE OF THE SERVICE.
II. Description of Services and Key Terms We make various services available on Platform for service businesses. Fees for the various services are set out in these Terms below or described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
"Platform" means all Mytutoring.co websites, mobile or other applications, software, processes and any other services provided by or through Mytutoring.co. "Member" means a person who completes Mytutoring.co' account registration process or a person who submits or receives a request through Mytutoring.co, including but not limited to Provider Members and Customer Members. "Customer Member" means a Member who is registered to receive quotes for Provider Services, requests quotes for Provider Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Provider Services. "Provider Member" means a Member who is registered to send quotes for Provider Services, sends quotes for Provider Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Provider Services. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Provider Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform. "Mytutoring.co Content" means all Content Mytutoring.co makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content. "User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, videos, profile information, descriptions, postings, and reviews. "Collective Content" means User Content and Mytutoring.co Content together. "Provider Services" means the services listed, quoted, scheduled, offered or provided by Provider Members, or sought, scheduled or received by Customer Members, through the Platform.
III. Eligibility You must be at least 18 years of age and capable of forming legally binding contracts under applicable law in order to access this site. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Provider Services, Provider Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. Provider Members understand and agree that sending a quote does not guarantee the quote will be read and using the Platform does not guarantee they will be hired for work. Provider Members understand and agree that we may, in our sole discretion manage and represent your business in Google places. In all aspects, Provider Members agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.
Mytutoring.co does not provide Provider Services. Provider Members understand and agree that by creating an account on the Platform, they receive only the ability to use the Platform to access persons interested in receiving Provider Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Provider Services. Provider Members understand and agree that using the Platform does not guarantee that anyone including by not limited to Customer Members will engage, book, hire or pay them for Pro Services. Provider Members understand and agree that they are not Mytutoring.co employees. Provider members understand and agree that they are customers of Mytutoring.co, not partners, agents, joint ventureres, or employees.
Provider Members acknowledge that they represent themselves and/or their business only, that they set or confirm their own prices or rates, provide their own equipment, and create their own work schedule. Mytutoring.co has no right to control and does not in any way control the services provided to Customer Members, or any other person, by Provider Members except as specifically mentioned herein.
As permitted by applicable laws, Mytutoring.co obtains reports regarding Provider Members, which may include but is not limited to history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Provider Member’s account based on the results of such check. As a Provider Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from our vendors.
IV. Account Registration And Other Submissions
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register by completing our
online registration process, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required, or you may register for an Account using your existing Facebook or Google account and log-in credentials (your "Third-Party Site Password").
You agree to provide accurate and complete information during the registration process, request submission process, and at all other times when you use the Platform. You also agree to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Mytutoring.co password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Mytutoring.co immediately of any unauthorized use. Mytutoring.co is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Mytutoring.co or others due to such unauthorized use. Your Mytutoring.co Account is non-transferable unless you receive written permission from us and follow all policies and procedures to complete the transfer of the Account.
V. Your License To Use The Platform
Subject to your compliance with these Terms, Mytutoring.co grants you a limited, revocable, non-exclusive, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mytutoring.co or its licensors, except for the licenses and rights expressly granted in these Terms.
VI. User Content and Conduct We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Mytutoring.co a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Provider Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Mytutoring.co in public advertising. In the interest of clarity, the license granted to Mytutoring.co shall survive termination of the Platform or your Account. Mytutoring.co does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Mytutoring.co the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Mytutoring.co' use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Mytutoring.co' may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms. Mytutoring.co reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.
We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. In the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, please contact us at firstname.lastname@example.org.
VII. Prohibitions As a Member or user of the Platform, you may not: oUse another person's Account, misrepresent yourself or Provider Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
II. Fees and Taxes
In connection with use of Mytutoring.co’ Platform, Mytutoring.co charges certain Fees (“Mytutoring.co Fees” or “Fees”). Provider Members can pay Fees to Mytutoring.co in order to receive certain services on the Platform, including but not limited to sending a quote, message or otherwise contacting a Customer Member or other user, or being matched with and receiving contacts from Customer Members or other individuals. Fees for any additional products or services will be shown in policies or terms provided to you before you use such products or services. In order to use Mytutoring.co as a Provider Member, you must have at least one valid payment method stored on file. Mytutoring.co will automatically charge a Provider Member’s stored payment method when a Provider Member is automatically matched to a Customer Member or other user as outlined in our Smart Match Policy, when a Provider Member chooses to accept a Customer Member’s or other user’s information pertaining to their request for Provider Services, or when a Customer Member or other user contacts a Provider Member in response to a quote or message that the Provider Member sent them in response to their request for Provider Services. Mytutoring.co will automatically charge Provider Members in accordance with the Provider Members Budget and Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. Except as otherwise described herein, all sales on Mytutoring.co are final and non-refundable. Provider Members Budget. As a Provider Member, Mytutoring.co may require you to set a budget (“Budget”) for at least one service. Your Budget is how much you are willing to spend on Fees over a specific period (“Budget Period”) for that specific service. If Mytutoring.co requires you to set a Budget, you agree that Mytutoring.co can charge your payment method up to the dollar amount set in your Budget during a given Budget Period. You additionally agree Mytutoring.co is authorized to charge your payment method in excess of your budget for the sole purpose of collecting any applicable taxes. You will not be charged the Budget amount upon setting the Budget. Rather, you will be charged Fees as described in the paragraph above or otherwise explained herein. Unless explicitly specified, Mytutoring.co will not charge your payment method for contacts by a Customer Member or other individual in excess of your Budget during a given Budget Period unless you increase your Budget before the charges are incurred. While Mytutoring.co may provide an estimate for the number of customers who may contact you if you set a particular Budget for a particular Budget Period, you acknowledge and agree that any such estimate is not a guarantee, that Mytutoring.co does not and cannot control any Customer Member or other individual’s interest in contacting or hiring you, and that actual results will vary. The Budget Period will be identified to you when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget as you see fit. If you do not adjust your budget, Mytutoring.co will automatically pro-rate your Budget from the previous Budget Period to the length of the new Budget Period. For example, if you set a $50 Budget for a one-week Budget Period, and the Budget Period increases to two weeks, then your Budget will automatically be adjusted to $100 for the two-week Budget Period, if you do not make changes manually. If Mytutoring.co merges two or more services for which you have Budget set, then your Budget for the service created by the merger will be the sum of your Budgets set for the two or more services prior to the merger. You will be able to update your Budget for the newly combined service for future Budget Periods. You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you increase your Budget in the middle of a Budget Period, the new Budget will take effect immediately. If you decrease your Budget, the new Budget will take effect at the beginning of the next Budget Period. If you do not change your Budget in advance of a subsequent Budget Period, your existing Budget will automatically be used for the subsequent Budget Period, subject to the forgoing. As a Provider Member using Mytutoring.co, there are different points at which your payment method may be charged. If you are new to Mytutoring.co or do not have a sufficient purchasing history on the Platform as determined in our sole and absolute discretion, your payment method may be charged each time you are contacted by a Customer Member or other individual and you do not have an adequate Mytutoring.co balance to cover the cost of that contact. Once Mytutoring.co determines, in its sole and absolute discretion, that you have sufficient purchasing history on Mytutoring.co, we may charge your payment method periodically for the total Fees accrued (a) during a specific time period; and/or (b) each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above. Mytutoring.co may adjust both the specific time period and the dollar threshold that trigger charges in its sole and absolute discretion. Mytutoring.co may also, in its sole and absolute discretion, revert to charging your payment method each time you are contacted by a Customer Member or other individual and you do not have an adequate Mytutoring.co Budget to cover the cost of that contact. For any applicable Provider Member Fees, Mytutoring.co will first attempt to charge the default payment method. If Mytutoring.co is unable to charge the default payment method for any reason–including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect–you agree that Mytutoring.co may charge any other payment method associated with your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the services we offer to that Provider Member. If Mytutoring.co is unable to charge the default payment method, Mytutoring.co will attempt to charge any other payment methods associated with your Account in the order in which they were most recently provided, used, or updated on the Platform. Mytutoring.co may also charge penalty Fees for fraud, misconduct or any other violations of these Terms, as determined in our sole discretion. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to any payment method you made available to Mytutoring.co during your usage. If you do not pay on time or if Mytutoring.co cannot charge a payment method for any reason, Mytutoring.co reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Mytutoring.co or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Mytutoring.co may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the Platform, and you shall be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Platform. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Mytutoring.co can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Mytutoring.co when Mytutoring.co includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Provider Members or Customer Members. You may receive certain promotions, offers, and/or discounts from Mytutoring.co (collectively, “Promotions”), including but not limited to discounted Fees or free use of the Platform for a limited period. Any Promotions are offered at our discretion and may be revoked at any time and for any reason. You are only eligible for any benefit from a Promotion if you received a communication directly from Mytutoring.co offering you that benefit or Promotion, you satisfy all the requirements identified in that communication; and you maintain an account in good standing with Mytutoring.co, which is determined at our discretion. We may determine the recipients of benefits and/or Promotions in any manner we see appropriate, including but not limited to limiting eligibility to a subset of Members, to specific services, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action, including but not limited to signing up to for a service or making a payment for specific services. Any benefits from participating in any Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, we reserve the right to and may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing. To the extent you are eligible for multiple promotions that discount a Fee, we will apply those promotions sequentially.
III. Tracking Communications
Mytutoring.co may track the occurrence of communications between Customer Members and Provider Members that occur off the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether the communication was initiated by a Customer Member or Provider Member. We track these communications for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. In order to track the occurrence of such communications, Mytutoring.co may obscure Provider Member contact information in a profile, replace Provider Member contact information in a profile with a different piece of contact information that will forward to the Provider Member, or take any other step reasonably calculated to track the occurrence of such communications. As part of this process, Mytutoring.co and its service provider will receive in real time and store data about your text message, including but not limited to the date and time of the text message, your phone number, and the content of the text message. Except as explicitly stated herein, we will not record or review the content of any communications that are not a result or affiliated with your use of Mytutoring.co unless we first obtain your permission.
Mytutoring.co does not endorse any Member, user, or any Provider Services. Mytutoring.co is not a party to any agreements between or among users, Members or third parties. No partnership, joint venture, agency or employment is created as a result of the Terms or any user’s or Member’s use of any part of the Platform, including but not limited to account creation, chat, or other services. Neither Mytutoring.co nor any Members or users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other. As required by these Terms, all Members and users agree that all information they provide to Mytutoring.co is true and accurate and that they will maintain and update this information as required in order to keep it current, complete and accurate. Mytutoring.co may take additional measures and processes designed to help verify or check the identities or backgrounds of Members or other users, but we do not make any representations about, confirm, or endorse any Member or other user or their purported identity or background, regardless of the specific Mytutoring.co services they are using or any involvement by Mytutoring.co personnel in providing or scheduling those services. Any reference on the Platform to a Member being licensed or credentialed in some manner, or “badged,” “best of,” “top,” “background checked” or “gold,” “silver,” or “bronze” (or similar language) designations indicates only that the user has completed a relevant account process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Mytutoring.co and is not verification of their identity and whether they or their Provider Services are licensed, insured, trustworthy, safe or suitable. Any such description is solely intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other Member or user. Mytutoring.co is not responsible for any damage or harm resulting from your interactions with other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Mytutoring.co. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and 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 those users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Mytutoring.co with respect to such actions or omissions.
V. User Disputes
Mytutoring.co values all our users, and we understand that disputes may arise between or among users. In the rare event a dispute cannot be resolved independently, you agree, at Mytutoring.co’ request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by Mytutoring.co or a neutral third party mediator or arbitrator selected by Mytutoring.co. Notwithstanding the foregoing, you acknowledge and agree that Mytutoring.co is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
VI. Intellectual Property Rights and Copy Right Policy
Copyright (c) 2021 Vagupu, Inc All Rights Reserved.
VII. Violations of Terms
VIII. Arbitration and Class Action Waiver
IX. Governing Law and Disclaimers
The Terms and the relationship between you and Mytutoring.co shall be governed in all respects by the laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of California, County of Santa Clara with respect to such matters and for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOUR USE OF THE PLATFORM, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT MYTUTORING.CO DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO PROVIDER MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYTUTORING.CO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE Provider SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. MYTUTORING.CO MAKES NO WARRANTY THAT THE PLATFORM OR PROIVIDER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. MYTUTORING.CO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYTUTORING.CO OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, PROVIDER MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT MYTUTORING.CO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PROVIDER SERVICES. MYTUTORING.CO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROVIDER SERVICES. MYTUTORING.CO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
X. Limitation of Liability
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 PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYTUTORING.CO OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MYTUTORING.CO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYTUTORING.CO 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) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROVIDER SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF MYTUTORING.CO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PROVIDER SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROVIDER SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO MYTUTORING.CO BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
You agree to release, defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, damages and expenses, including but not limited to attorney’s or other legal fees, and accounting fees, that arise from your access, use, misuse, or interaction with any Member or user; and the request or receipt or offer or provision of Provider Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Provider Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
XII. Export Controls and International Use
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Other than payment obligations, neither Mytutoring.co nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You agree that Mytutoring.co may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Mytutoring.co or Provider Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Mytutoring.co or Provider Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to email@example.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to firstname.lastname@example.org with contact information and the address for delivery.
XV. Entire Agreement
SMS Terms and Conditions
Last Updated: October 29, 2021
I. User’s Acknowledgment and Acceptance of Terms
II. Frequency of Text
Messages We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as replying HELP to one of our text messages).
IV. Participating Carriers
Content is not available on all carriers and carrier participation could change. As of September 24, 2015, our text messages can be sent through the following carriers: AT&T, T-Mobile USA, Verizon Wireless, Sprint, Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). The content is not compatible with all cell phone models. Mytutoring.co will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
V. Opting Out of Mytutoring.co Text Messages
If you no longer want to receive Mytutoring.co text messages, you may text STOP at any time. After doing so, we will send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll by contacting support.
VI. Modifications to these SMS Terms
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in our text messaging program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.