The Tutor Trainer, LLC – Terms of Service
Last Updated: May 7, 2024
The Tutor Trainer, LLC website, located at www.thetutortrainer.com (the “Website”), belongs to The Tutor Trainer, LLC, a Maryland limited liability company, (“the Company,” ”The Tutor Trainer,” “we,” “us,” or “our”). The Tutor Trainer lists services and items on the Website for online viewing and purchase to users of the Website (collectively, with all other services provided through the Website, the “Services”).
These Terms of Service (the “Agreement”) apply to all persons using the Website, and herein references to “you” and “your” refer to any person using or accessing the Website.
The terms of this Agreement supersede all prior oral or written understandings or agreements between The Tutor Trainer and you regarding access to and use of the Website.
ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service are entered into by and between you and The Tutor Trainer. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.thetutortrainer.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND INFORMATION SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
ACCOUNTS
Account Creation. While not required to access the Website, you may register for an account with The Tutor Trainer (“Account”) and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or the terms of this Agreement. You may delete your Account at any time, for any reason, by contacting The Tutor Trainer. For questions, please contact us via the “Contact” page on the Website. The Tutor Trainer may suspend or terminate your Account in accordance with Term and Termination.
You may not register more than one (1) Account unless The Tutor Trainer authorizes you to do so in writing. You may not assign or otherwise transfer your Account to another party without The Tutor Trainer’s authorization in writing.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to use the Website consistent with these Terms and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all purchases made from our Website. You agree to immediately notify The Tutor Trainer of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Tutor Trainer is not liable for any loss or damage in connection with your Account or arising from your failure to comply with the above requirements. The Tutor Trainer will only protect your Account information in accordance with the Privacy Policy.
Website User License. Subject to the terms of this Agreement, and as otherwise expressly set forth in connection with materials purchased from The Tutor Trainer, The Tutor Trainer grants you a non-transferable, non-exclusive, single user license to use the Website and Services solely for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services (provided that the foregoing restriction does not apply to your personal use); (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services; (c) you shall not access the Website or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means or “frame” or “mirror” the Website on any other server or wireless or Internet-based device. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website content must be retained on any copies.
OWNERSHIP
Excluding your User Content (defined below) and User Content of others, you acknowledge that the Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, models, tools, computer programs and other material and information contained on, or utilized in the provision of, the Website, is the property of The Tutor Trainer and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and Services (excluding any User Content) are owned by The Tutor Trainer. The provision of the Website and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. The Tutor Trainer reserves all rights not granted in this Agreement.
TRADEMARKS
The Company name, the terms and all related names, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
USER CONTENT
User Content. “User Content” of a Website user means any and all information and content that such user submits to, or uses with, the Website or Services (e.g., content in the user’s profile or comment on a blog post). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Website as described herein and (ii) your User Content does not violate the Content Standards (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by The Tutor Trainer. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Content Standards. The Tutor Trainer is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with the Privacy Policy.
License. By using your User Content with the Website, you automatically grant, and you represent and warrant that you have the right to grant, to The Tutor Trainer an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback. If you provide The Tutor Trainer any feedback or suggestions regarding the use, operation, functionality, or characteristic of the Website or Services (“Feedback”), you hereby assign to The Tutor Trainer all rights in the Feedback and agree that The Tutor Trainer shall have the right to use such Feedback and related information in any manner it deems appropriate. The Tutor Trainer will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to The Tutor Trainer any information or ideas that you consider to be confidential or proprietary.
CONTENT STANDARDS; MONITORING AND ENFORCEMENT; TERMINATION
You agree not to use the Website or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to use the Website or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (d) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to (i) the Website or Services or (ii) other computer systems or networks connected to or used together with the Website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website or Services.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Content Standards or any other provision of this Agreement, including removing or modifying your User Content, terminating your Account in accordance with the Term and Termination Section, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including your Account username and password, IP address and traffic information, usage history, and your User Content.
Other Users. Each Website user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that The Tutor Trainer will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
Release. To the extent allowed by applicable law, you hereby release and forever discharge The Tutor Trainer and our officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users or Third Party Sites & Ads.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
THIRD-PARTY SITES; LINKS FROM THE WEBSITE
The Website contains links to other websites and resources provided by third parties, and these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. When you link to a third-party site, the applicable third party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You agree to make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party sites.
The Tutor Trainer is not liable for any issues/technical difficulties experienced with third-party sites including but not limited to:
issues/difficulties experienced when joining a Zoom meeting or during a Zoom meeting
issues/difficulties experienced when scheduling an appointment with Calendly or with Calendly reminder notifications
issues/difficulties experienced when utilizing Stripe for payment information
issues/difficulties experienced when seeking to sign up or tutor on Wyzant
Some of the links to third-party sites on the Website are affiliate links, which means that The Tutor Trainer may earn a commission if you click on the link or make a purchase using the link. When you make a purchase, the price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link.
GEOGRAPHIC RESTRICTIONS
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Additionally, you recognize that Wyzant, Inc. currently only allows its tutors to reside in the United States and as such, if you use or purchase materials from the Website with the intention of being a tutor on Wyzant, you will only be able to pursue these tutoring opportunities on Wyzant if you reside in the United States.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TUTOR TRAINER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE TUTOR TRAINER, ITS AFFILIATES, ANY RELATED COMPANIES, ITS SUPPLIERS, LICENSORS AND PARTNERS, AND THE MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF EACH OF THEM HARMLESS, INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF THE WEBSITE OR SERVICES, (II) YOUR USER CONTENT, AND/OR (III) YOUR VIOLATION OF THIS AGREEMENT.
THE TUTOR TRAINER RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE TUTOR TRAINER. THE TUTOR TRAINER WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
TERM AND TERMINATION
SUBJECT TO THIS SECTION, THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE WEBSITE OR SERVICES. WE MAY (A) SUSPEND YOUR RIGHTS TO USE THE WEBSITE AND/OR SERVICES (INCLUDING YOUR ACCOUNT) OR (B) TERMINATE THIS AGREEMENT, AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE WEBSITE OR SERVICES IN VIOLATION OF THIS AGREEMENT OR IF WE BELIEVE YOU ARE YOUNGER THAN EIGHTEEN (18). UPON TERMINATION OF THIS AGREEMENT, YOUR ACCOUNT AND RIGHT TO ACCESS AND USE THE WEBSITE AND SERVICES WILL TERMINATE IMMEDIATELY. YOU UNDERSTAND THAT ANY TERMINATION OF YOUR ACCOUNT INVOLVES DELETION OF YOUR USER CONTENT ASSOCIATED THEREWITH FROM OUR LIVE DATABASES. THE TUTOR TRAINER WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF THIS AGREEMENT, INCLUDING FOR TERMINATION OF YOUR ACCOUNT OR DELETION OF YOUR USER CONTENT. UPON TERMINATION THE FOLLOWING SECTIONS WILL REMAIN IN EFFECT: INDEMNIFICATION; LIMITATION ON LIABILITY; DISCLAIMERS OF WARRANTIES; CONFIDENTIALITY; AND MISCELLANEOUS.
PAYMENT AND RETURN POLICY
You agree to pay to The Tutor Trainer the fees stated or as specified from time to time for various fee-based products and services available by or through The Tutor Trainer on the Website under conditions set out under the within the payment plans. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees. No refunds will be given. All sales are final, and there are no returns.
When you make a purchase from us on the Website, we use Stripe as our payment solution. Stripe is a fully integrated payment solution that is compatible with our online store service provider Squarespace. Stripe is a third-party service provider, which will also receive your personal information and process it in accordance with their privacy policy:
Stripe - payment processing services. You can read Stripe’s privacy policy at https://stripe.com/privacy.
Please note that given commitments to other clients and limited availability, The Tutor Trainer charges for coaching and tutoring sessions upfront. The full price will be charged for these sessions in the event of any cancellations or no shows. If sessions extend beyond their originally scheduled times, clients will be charged for the total lesson time at the prevailing hourly rate. Clients are solely responsible for ending lessons at the originally specified time if they want to avoid additional charges.
DISPUTE RESOLUTION AND ARBITRATION
Applicability. If your (i) residence or establishment is in the United States or (ii) residence or establishment is not within the United States but you are bringing a claim against The Tutor Trainer, the Parties agree to seek amicably to settle all disputes arising out of or in connection with this Agreement by negotiation. If, within thirty (30) calendar days after written notice by you of the existence of a dispute (pursuant to the requirements set forth below), the Parties do not resolve such dispute, then the dispute shall be finally settled under the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”), by one or more arbitrators appointed in accordance with the said Rules and the provisions of this section. The language of the arbitration shall be English. The place of the arbitration shall be in Frederick County, Maryland, United States. The arbitrator(s) are authorized to award to the prevailing Party, if any, as determined by the arbitrator(s), its costs and expenses, including attorneys’ fees and related costs and expenses.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, the Parties agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact The Tutor Trainer via the “Contact” page on the Website. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email or the “Contact” page on the Website prior to initiating the arbitration.
Agreement to Arbitrate. You and The Tutor Trainer mutually agree that the arbitrator(s) shall have the discretion to hear and determine at any stage of the arbitration any issue asserted by any Party to be dispositive of any claim or counterclaim, in whole or in part, in accordance with such procedure as the arbitrator(s) may deem appropriate, and the arbitrator(s) may render an award on such issue.
Exceptions to Arbitration Agreement. You and The Tutor Trainer each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim and to the extent permitted under this Agreement. The award shall be rendered within nine (9) months of the appointment of the arbitrator(s), unless the arbitrator(s) determine that the interest of justice requires that such limit be extended. The arbitration shall conclude and the dispute resolved by issuance of a written decision which may include, as appropriate, a monetary award, but not a penalty or punitive, consequential or exemplary damages, however described. Each Party hereby waives all objection which it may have at any time to the laying of venue of any proceedings brought in such courts, waives any such claim that such proceedings have been brought in an inconvenient forum and further waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such Party.
Confidentiality of Dispute Resolution Proceedings. The Parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another Party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a Party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Nothing in this Agreement shall prevent either Party from seeking provisional measures from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
Jury Trial Waiver. You and The Tutor Trainer acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
No Class Actions or Representative Proceedings. You and The Tutor Trainer acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all disputes. Further, unless you and The Tutor Trainer both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute and the dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any dispute, those waivers may be severed from this Arbitration Agreement and you and The Tutor Trainer agree that any private attorney general claims and representative claims in the dispute will be severed and stayed, pending the resolution of any arbitrable claims in the dispute in individual arbitration.
MISCELLANEOUS
Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Governing Law. This Agreement shall be governed by the laws of the State of Maryland without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts in Frederick County, Maryland and the federal court of the District of Maryland for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and The Tutor Trainer regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns. This website is operated by The Tutor Trainer. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@thetutortrainer.com.