Last updated: March 17, 2024
Please read these terms and conditions carefully before using Our Service/ Website/ Platform (“Services”).
1. Acknowledgment
a. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Tutoring Institute, LLC “Company”. Throughout the site, the terms “We”, “Us”, and “Our” refer to the Tutoring Institute. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. The term “you” or “User” refers to students, parents/guardians, tutors or any person or entity who views, uses, accesses, browses, or submits any information to the Service (defined below).
2. Registration
a. You represent that you are at least 13 years of age or the minimum age required in your country to consent to use the Services. The Company does not permit those under 13 to use the Platform unless under the direction, or permission from, of a Parent/Guardian.
b. You have to be at least 18 years old to create an account. You must provide accurate and complete information during the registration process to use our Services. You may not share your account information with anyone and are responsible for all usage that occurs under your account. If you create an account or use the Services on behalf of another person, you must have the authority to accept these Terms of Use on their behalf.
c. Account Registration
i. Users are permitted to establish and maintain only one the Tutoring Institute account for accessing the Services and must refrain from sharing their account or any associated Services with others. Creating an account for someone else is only allowed if expressly authorized by the account User and The Tutoring Institute. Parents or guardians may create accounts on behalf of Users under 18 years of age. Accuracy and completeness of information provided during account creation are crucial, and impersonation or the use of a false name or other information is strictly prohibited. Users are responsible for keeping their account information current and accurate.
ii. Upon setting up an account on the Site, a password must be chosen, and Users are solely accountable for maintaining its confidentiality. Any use of the account is the user's responsibility, and sharing account information or disclosing passwords to third parties is prohibited. Users must not use another User's account, username, or password and should promptly notify The Tutoring Institute of any suspected unauthorized account use or password access.
iii. The exchange of personal information, such as email addresses, phone numbers, or home addresses, among Users, including Tutors, on the Site is prohibited, unless authorized by the Tutoring Institute. The Tutoring Institute reserves the right to terminate accounts at its sole discretion, without notice and without liability, for any reason.
3. Access
a. Please read these Terms of Service carefully before accessing or using our website. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
b. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You also may not use the Site or our Service if you do not understand any portion of these terms without initially acquiring additional clarification and comprehension.
c. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy (Privacy) carefully before using Our Service.
4. Email
a. By providing your email, you consent to the Tutoring Institute contacting you at the email provided regarding your use of our website, your account, your use of our Services. Only provide students under 18 years old email if you want them to be added to the communications and receive alert reminders.
5. Phone number
a. By providing your phone number, you consent to the Tutoring Institute contacting you at the number provided regarding tutoring, your use of our website, your account, your use of our Services, and to receive alert reminders for upcoming tutoring sessions. Any charges may apply to receive texts from your telephone service provider. To opt out of the alert reminders, please notify Company via email to help@thetutoringinstitute.com. Only provide students under 18 years old phone number if you want them to be added to the communications and receive alert reminders.
6. Services
a. Scope of Services
i. The Site functions as an impartial third-party online platform, linking Users, upon Users' request, with authorized individuals (referred to collectively as "Tutors") for tutoring services, test preparatory and courses, and other associated educational products and services, collectively referred to as "Services." In most instances, Tutors are independent contractors and are not employees of the Tutoring Institute.
b. Consent to recording/monitoring:
i. For quality assurance purposes or any other purpose Company deems necessary, You agree that Company may record and monitor all Tutoring Sessions. In addition, but not limited to, Company may also record and monitor audios, vidoes, chats, files, messaging, and documents, at any time.
ii. By purchasing Tutoring Sessions and using such communication methods, you consent to Company’s recording or monitoring of the same without further notice to you. You also agree to Lessonspace’s (virtual whiteboard’s) Terms of Use as also stated in the Tutor Contract and Customer Agreement. While Lessonspace also allows for recording of audio and video streams, we do not usually participate in that feature. In the chance that you must use a different whiteboard which allows for recording, you must verify that the recording feature is turned off before every session.
c. Restriction on Oral Modification/Amendment.
i. No amendment, change or modification of this Agreement shall be valid unless in writing and signed by You and the Companies President or managing member. Parties hereto, except for changes to the project rate for specific Customer interactions as approved by Tutor and Company.
ii. In order to operate and improve the Company, Company reserves the right to modify or amend these Terms, including doing so electronically, and any such modification or amendment is hereby accepted or agreed to by You. The modified or amended Terms shall supersede any prior terms related to the subject matter hereof. If you do not agree to these modified or amended Terms, You may not use the Domain.
d. Account Deactivation
i. You have the option to deactivate your account at any time by emailing us at help@thetutoringinstitute.com. The deactivation process will only be completed once all transactions, including payment for provided services and any incurred penalties, have been processed. Following account deactivation, you will not be able to access your data or any information that is accessible through your account.
ii. Company holds the right to suspend and/or deactivate your account at it’s sole discretion
e. Platform Updates
i. Company retains the authority to make updates and modifications to its Services at its sole discretion and for any reason. These updates or modifications may bring about alterations in the appearance and/or functionality of the Services, which could include adding, modifying, or removing functionality, features, or content.
f. Acceptable Use
i. Your adherence to these Terms, including the Fair Use Policy, is your responsibility. Additionally, you are solely accountable for the accuracy, quality, integrity, and legality of any information, documents, or content you submit, upload, or publish on the Site, and for how you acquire or generate such materials. It is your duty to exert reasonable efforts in preventing unauthorized access or use of Services under your account. This includes maintaining the confidentiality of your password and username, refraining from permitting any third-party access to your username, password, or account for Services. You are entirely responsible and liable for all activities conducted through your account in connection with Services.
ii. Prompt notification to the Tutoring Institute is required if you become aware of or reasonably suspect any security breach, including loss, theft, or unauthorized disclosure or use of your (or any other User’s) username, password, or account. Your use of Services must comply with applicable laws and government regulations, and you must adhere to all relevant terms of any third-party services used or accessed in connection with your use of Services.
iii. It is prohibited to utilize Services with the intent of developing a competing product or service, or replicating any ideas, features, functions, or graphics inherent to Services.
iv. Services should only be made available to yourself, except for parents providing access to their kids with supervision. Prohibited actions include attempting to reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or performance of Services, third-party use of Services, or any third-party data contained therein, unless such restrictions are prohibited by applicable law. Unauthorized access to Services or its related systems or networks is strictly prohibited, and you must not authorize, permit, or encourage any third party to engage in such activities.
7. Placing Orders for Goods
a. By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
b. Your Information
i. If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
ii. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
iii. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order, if the option for you to provide the information to a third party payment processing company is not offered.
c. Order Cancellation
i. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
1. Goods availability
2. Errors in the description or prices for Goods
3. Errors in Your Order
ii. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
d. Your Order Cancellation Rights
i. Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
ii. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
iii. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
iv. We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement unless there is a (credit card/Stripe) processing fee which you will be responsible for.
v. You will not have any right to cancel an Order for the supply of any of the following Goods:
1. The supply of Goods made to Your specifications or clearly personalized.
2. The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
3. The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
4. The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
5. The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
vi. Availability, Errors and Inaccuracies
1. We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
vii. Prices Policy
1. The Company reserves the right to revise its prices at any time prior to accepting an Order.
2. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
viii. Payments
1. All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as credit card, ACH bank payment, or online payment methods (Stripe, Apple Pay, for example).
2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
8. Tutoring Options
a. Individual
i. Sessions
1. Individual sessions can be purchased at one session at a time.
ii. Usage
1. Individual Sessions are valid for 1 year from the time of purchase.
iii. Refund
1. There are no refunds for individual sessions.
b. Packages
i. Package Types
1. Packages can be sold in different amounts, such as a package of 4, 10, 20, 40, etc. Different package amounts will be available at different times of the year.
ii. Usage
1. Packages are valid for 1 year from the time of purchase.
iii. Refund
1. Any refunds on packages will be refunded, minus a $90 administrative fee. Any sessions previously used will then be charged at the standard “Individual Session rate”. If there is not enough credit remaining then there will be no refund.
c. Membership
i. Packages
1. If you elect to sign up for a monthly membership, that membership will start the day that you purchase and will automatically renew monthly.
ii. Cancellations
1. You may cancel Your Membership renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Membership period and You will be able to access the Service until the end of Your current Membership period. You may contact company at help@thetutoringinstitute.com to cancel a membership.
iii. Refund
1. There are no refunds on memberships.
d. Subscription
i. Period
1. The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription or Membership plan you select when purchasing the Subscription.
2. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
3. Subscriptions require a 12-month package and payments are required until all payments are made.
ii. Cancellations
1. Some Subscriptions require 12-month contracts. You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. You may contact company at help@thetutoringinstitute.com to cancel a subscription.
iii. Refunds
1. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
e. Concierge and VIP
i. From time to time, we may implement these Tutoring Option plans and will define their details when they are active.
9. Billing
a. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Billing is done through a third party, Stripe. By using their service, you should be familiar with their Privacy and Terms: https://stripe.com/privacy
b. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice
10. Fee Changes
a. The Company, in its sole discretion and at any time, may modify it’s prices, for Individual, Packages, Membership and Subscription.
b. Any Membership or Subscription fee change will become effective at the end of the then-current Membership/Subscription period.
c. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Membership/Subscription before such change becomes effective.
d. Your continued use of the Service after the Membership or Subscription fee change comes into effect constitutes Your agreement to pay the modified Membership and Subscription fee amount.
11. Promotions and Trial Services
a. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
b. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
c. The Tutoring Institute may offer promotional offers (“Promo Offers”) for free or discounted Services. Users must provide payment information in order to utilize any Promo Offers and you will be billed for any Services not included in Promo Services. Promo Services may not be combined with any other offer, unless approved by Company. Some Promo Services may only be available to Users who do not currently have an account at the time of registration. The Tutoring Institute reserves the right, in its sole discretion, to revoke any Promo Services.
12. User Accounts
a. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
b. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
c. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
d. 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.
e. The email that you provide during your initial set up from “Find Your Tutor” or “Sign Up” or “Become a Tutor” will be your Username for login.
13. Messaging
a. We encourage Users (Clients and Tutors) to message each other through the platform. Your messages will be visible to the Company.
14. Referral/Affiliate Program
a. Company does offer a referral program when the Customer refers a new client to Company. By participating in this referral program, and by agreeing to this contract, you agree to notify the customer that you may receive some compensation for the referral. The referral amount may change periodically and can be either in the form of a one-time payment or an affiliate program.
15. Content
a. Your Right to Post Content
i. Our Service allows You to post Content on our Social Media (Facebook, Instagram, etc). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
ii. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
iii. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
b. Content Restrictions
i. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
ii. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
6. Impersonating any person or entity including the Company and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.
iii. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
c. Content Backups
i. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
ii. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
iii. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
iv. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
16. Copyright Policy
a. Intellectual Property
i. The Tutoring Institute acknowledges that, in relation to the Services, the Company maintains complete rights, titles, and interest. Any rights, title, and interest in the Services not explicitly granted in these Terms remain the exclusive property of the Company.
b. Intellectual Property Infringement
i. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
ii. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at help@thetutoringinstitute.com and include in Your notice a detailed description of the alleged infringement.
iii. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
c. DMCA Notice and DMCA Procedure for Copyright Infringement Claims
i. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
ii. You can contact our copyright agent via email at help@thetutoringinstitute.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
17. Your Feedback to Us
a. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
18. Links to Other Websites
a. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
b. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
c. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
19. Termination
a. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
b. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
20. Contact Methods and Opt-Out
a. By providing your contact information, you agree to these Terms and Conditions and expressly consent by electronic signature to receive sales, marketing, and other communications from Company using the contact information provided. Your consent includes, but is not limited to, calls and texts, including those sent by any automated system or other means for selecting and dialing telephone numbers, or using an artificial or prerecorded voice message when a connection is completed, from Company at the telephone number you provided, even if that telephone number is on a do-not-call list. You can opt-out of various contact methods by contacting Company at help@thetutoringinstitute.com or Contact Us.
21. Limitation of Liability
a. In no event will the Tutoring Institute be liable to You for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Platform, service interruptions) arising out of or in connection with the Platform, the services, or these Terms, even if advised of the possibility of such damages. In no event shall the total liability of The Tutoring Institute (including itself and its members, managers, directors, officers, employees, or representatives) to You for all damages, losses, causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from Your use of the Platform or relating to these Terms exceed the greater of 100 USD or monies You have paid to The Tutoring Institute over the preceding six (6) months.
22. Governing Law, Jurisdiction, and Venue
a. The laws of the State of Michigan shall govern these Terms, the construction of its terms, and the interpretation of the rights and duties of the Parties hereto, as well as any claim that may arise between You and The Tutoring Institute, without regard to any conflict of law provisions, except for the Federal Arbitration Act as set forth above, unless it is found not to be applicable. You agree to submit to the personal jurisdiction and venue for any issue not subject to arbitration in the Oakland County Circuit Court or the United States District Court for the Eastern District of Michigan. If any provision is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions of these Terms and the documents incorporated by reference. In that event, the Parties shall replace the invalid or non-binding provision with provision(s) that are valid and binding, and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of the Terms.
23. "AS IS" and "AS AVAILABLE" Disclaimer
a. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
b. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
c. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
24. Disputes Resolution
a. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
25. For European Union (EU) Users
a. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
26. United States Federal Government End Use Provisions
a. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
27. United States Legal Compliance
a. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
28. Severability and Waiver
a. Severability
i. Should any one or more sections of this Agreement be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining sections (or portions thereof) contained herein shall not in any way be affected or impaired thereby. In addition, if any section hereof is found to be partially enforceable, then it shall be enforced to the greatest extent possible. An arbitrator or court with jurisdiction over the matters contained in this Agreement shall have the authority to revise the language hereof to the extent necessary to make any such section or covenant of this Agreement enforceable to the fullest extent permitted by law.
b. Waiver
i. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
29. Translation Interpretation
a. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
30. Changes to These Terms and Conditions
a. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
b. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
31. Contact Us
a. If you have any questions about these Terms and Conditions, You can contact us:
i. By email: help@thetutoringinstitute.com
ii. By visiting this page on our website: Contact Us