Welcome to the TUTORCARE site located at www.TUTORCARE.com (“Site”)!
TUTORCARE is an online tutoring resource center providing tutoring assistance to students via four main features including “Ask-A-Question,” “Tutorials,” “Online Tutoring” and “In-person Tutoring.”
There are three categories of people using the Site: visitors (people who view the Site without posting content to the Site), purchasers (people who will ask questions, purchase answers or academic tutorials posted on the site, request online tutoring or request in-person tutoring), and contributors (also known as tutors, people who answer questions, post academic tutorials to the Site and accept online and in-person tutoring requests). Any users or visitors can be either Purchasers or Contributors.
Visitors, Purchasers, Contributors or users will be referred to as “you” or “your” in these Terms.
If you want to answer questions, offer academic tutorials or provide tutoring services (online or in-person) to other users of the Site at any time, you need to complete the application process to become a “Tutor” and will be subject to and responsible for complying with the Independent Contractor Agreements which are a part of and incorporated into these Terms.
Registering with TUTORCARE
The Sites and the Services are available to all users whose accounts have not been terminated, suspended or restricted by TUTORCARE.
If you are 13 years old and older, you will need to provide personal information (including your full name, age and an email address) to create your Account. You will create a username without exposing your real first and last name when registering an account at TUTORCARE.
Children under the age of 13 cannot register without the permission of their parent or legal guardian who is at least 18 years old (“Parent”). You will need your Parent to create a TUTORCARE Account (“Account”) for you if you are a child under the age of 13.
When you use the site, you have obligation to ensure that:
- You agree to give us accurate, current and complete information about you.
- You agree to update your information if there are any changes.
- You are solely and fully responsible for:
- protecting the confidentiality of your User ID and password;
- immediately notifying us of any unauthorized use of your User ID, password or Account;
- evaluating and selecting the third parties with whom you interact while using the Service;
- all usage, activities, charges and liabilities associated with your Account, including any unauthorized charges made on or through your Account until you notify us that your User ID and/or password has been compromised.
- Your use of the Site and your use of the Services available on the Site are acceptable to any applicable law or regulation
- At this time, only the residents of the United States are eligible to create an account with TUTORCARE.
Rules Governing Conduct and use of content on the Site
Our Site and services are dedicated to helping users learn, share knowledge and provide academic advice to those who are in need. In order for all transactions in the Site to run smoothly, we created some rules and regulations for all users to follow. If any users break the rules, we reserve the right to disable your Account and remove your content without notice.
You are NOT allowed to post or link any materials and/or content that is considered “prohibited content” based on the examples listed below:
- untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable in nature;
- infringing or alleged infringement upon a third party’s intellectual property rights (including any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party);
- inside information, proprietary and confidential information or any data that you obtained that was not authorized by the owner and that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;
- counterfeited, illegal, stolen, or fraudulent material or content in violation of any applicable local, state, national or international law, regulation or statute (including export laws and regulations governing the transmission or retransmission of technical data from the United States).
To ensure that TUTORCARE Services are only used for educational purposes, you agree to NOT engage in the following activities:
- Engage in Tutor/Student communications that are unrelated or irrelevant to the learning process, including, without limitation, communication that discloses personal information
- Access or use the Service in a way that is harmful or not in compliance with any local, state, national or international regulation or statues (including export laws)
- Hack, access, tamper with, or use services or areas of the Service that you are not authorized to access
- Make changes, damage, cancel or delete any information (such as postings, registration information, profiles, submissions or other communications) that are not your own
- Use any electronic devices like robot, spider, scraper, or other automated means or interface to access the TUTORCARE Site and its Service; to extract data or to gather or use information such as email address available from TUTORCARE in order to transmit unsolicited advertising, “junk email,” “spam,” “chain letters” or “pyramid schemes”
- Present false information to make it look like TUTORCARE has endorsed you or your content for any purpose except as we expressed in writing
- Impersonate any person or entity, register under a false name, use an invalid or unauthorized credit card or use another user’s account
- Falsely state or misrepresent your affiliation with any person or entity
- Reverse engineer any aspect of the Site or do anything that may bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service (unless expressly permitted by law)
- Do anything to impact the Site or any recipients with harmful, illegal, deceptive or disruptive code such as virus, spyware, adware or other code
- Disrupt others’ communication or transaction or take any action that negatively affects other users’ ability to access the Site or use the Service
- Collect or store personal information about other users without their permission
- Stalk or harass other users in any way
- Take or proceed with any action that may interfere with daily operation of the Site or cause significant burden on the Site or its Services’ infrastructure or computer system
Ownership Rights to Content; License Grant
When you submit, post or display any material (“Content,” including audio, text, video, sound clips, pictures, graphics or other works of authorship) to the Site, you warrant that:
- You own all the rights to your content (or that you have all necessary rights to the Content from the actual owner) to enable you to grant us the rights to such Content;
- You have paid or will pay in full any financial obligation associated with posting your content to the Site;
- Your content does not infringe the intellectual property, privacy, publicity, or any other legal or moral rights of the third party, and your content is not defamatory in nature;
- You will not claim that any Contributor’s work is your own work;
- You will not sell or re-sell any Contributor’s work to a third party.
You retain all the ownership of all intellectual property and proprietary rights to any Content that you post on the Site. However, by submitting, sending or posting your Content to the Site or through the Service, you hereby grant us a world-wide, royalty-free, freely transferable, non-executive right and license to use, reproduce, distribute, and publicly display your Content in any form, media or technology now known or later developed.
You also hereby waive any moral rights you may have over such Content under the law of jurisdiction. You hereby appoint us as your agent with full power to enter and execute any changes in a document and/or do any act reasonably necessary or appropriate to confirm the granting of rights, consents, agreements, assignments and waivers set forth in these Terms. You understand that the display of your Content for any period of time is sufficient consideration for the license granted to TUTORCARE.
You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content you send, upload, download, stream, post, transmit, display or otherwise make available or access through your use of the Site is solely your responsibility. You understand and agree that you may be exposed to Content that is inaccurate, inappropriate, offensive, indecent or objectionable. You also agree that TUTORCARE will not be liable for any damages that you incur as a result of such content.
You may also provide us with your ideas or comments about the Site and our Service, including without limitation how to improve the Service or our Site. By submitting such content, you understand that your disclosure is voluntary, and TUTORCARE is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the Ideas without any compensation to you. By submitting such content, you also acknowledge that TUTORCARE does not waive any rights to use similar or related ideas previously known to TUTORCARE, developed by its employees or obtained from sources other than you.
TUTORCARE’s Intellectual Property Rights
All content on the Site, logos and trademarks are subject to intellectual property rights and contractual or other protection. These intellectual property rights are owned by us, TUTORCARE or the Contributors. We prohibit copying, distributing, republishing, uploading, posting or transmitting such content in any way, unless approved expressly in the Terms or with our written consent or the consent of the Contributor of such content. Making changes to the materials or using it for unintended purposes may violate intellectual property rights.
Advertisements and Promotions
TUTORCARE may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TUTORCARE found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. TUTORCARE is not responsible or liable for loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TUTORCARE advertisers on the Site.
You agree to indemnify and hold TUTORCARE, our subsidiaries, affiliates and licensors and their respective officers, agents, partners and employees, free from harm from any loss, liability, claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of your use of the Site, Content or Materials or Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
You agree that any violations (including threatened violation) may cause harm or damage to the other party or any users of the Site. In TUTORCARE’S policy, in order to prevent all users from committing or carrying out any prohibited activities, TUTORCARE will charge $50 for each unsolicited email or other unsolicited communication that any users send through the Site. If users under than the age of 18 commit such prohibited activities, their parents are responsible for such charges.
Not a Fiduciary
Like many other Ecommerce Sites, users may upload credit card information and make financial transactions to purchase Contributions or request Services through the TUTORCARE Site. TUTORCARE is not a party who is involved in those transactions between users. Additionally, we do not take, hold or disperse money. In fact, TUTORCARE takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that TUTORCARE is not a bank, credit card or financial services agency. TUTORCARE is not acting as a fiduciary with respect to any of the transactions made in connection with the Site or the Services.
Your PayPal Account
Contributors may choose to have a PayPal Account to receive compensation for any services to any users through the Site. If Contributors provide a service to any users in the Site and get paid, TUTORCARE will then transfer the money to your PayPal account.
TUTORCARE is not a banking institution. Therefore, we are not responsible for your use of PayPal services. You must resolve any disputes directly with PayPal.
Your Direct Deposit Account
Contributors may choose to have a Direct Deposit Checking or Savings Account to receive compensation for any services to any users through the Site. If Contributors provide a service to any users in the Site and get paid, TUTORCARE will then transfer the money to your chosen Direct Deposit Account.
TUTORCARE is not a banking institution. Therefore, we are not responsible for your use of Direct Deposit Account services. You must resolve any disputes directly with your Direct Deposit Account institution.
Sending Mail to TUTORCARE
TUTORCARE is not a FedEx, USPS or delivery company of any other kind. Therefore, we are not responsible for the loss of your mail when sent to TUTORCARE.
TUTORCARE only allows “Request to be Paid” activity if the all fees and obligations have been paid. “Request to be Paid” activity is not allowed if the fund is the result of promotional credits provided by TUTORCARE.
TUTORCARE allows you to “Request to be Paid” by sending all remaining money in your TUTORCARE account to your PayPal account or your preferred direct deposit account.
TUTORCARE Management of the Site/User’s Conduct
TUTORCARE may, but is not required to:
- Monitor the Site for activities that violate these Terms and for compliance issues with TUTORCARE’s policies
- Report to law enforcement and/or take any legal action against anyone who violates these Terms
- Restrict access to or the availability of, or remove or disable, any Contribution or any portion thereof that may violate these Terms
- Manage the Site in a professional manner to protect TUTORCARE and third parties’ rights and property or to maintain proper function of the Site.
- If you engage in fraudulent activities, in TUTORCARE’s sole discretion, you understand that TUTORCARE has the right to close your account and you will not be received any funds remaining in your account.
Terms of Transacting Business
You understand and agree to pay forth all costs associated with any transaction, Content, Contributions or Services received on the Site through TUTORCARE. These costs include but are not limited to: (a) hourly rates as listed; (b) travel and transportation fees as described on the Site; (c) cancellation fees; (d) purchasing Content.
You acknowledge and agree that NO CANCELLATION within 24 HOURS of a scheduled Online or In-person tutoring session can take place.
If cancellation must occur, purchasers must contact Tutors or Contributors or TUTORCARE Support Team via email, phone, voice mail, social media site or in any other mean possible
If cancellation occurs within 24 hours of a scheduled Online or In-person tutoring session, the entire tutoring session cost will charged to Purchaser. Purchasers are required to make such payments to TUTORCARE directly. Without making such payment to TUTORCARE, purchasers’ accounts will be terminated or suspended until such payment is received.
TUTORCARE’s Rights to Terminate/Restrict Users
It’s TUTORCARE’s policy and right to deny access to any use of the Site to any person who is in breach of any rule contained in these Terms or any applicable laws and regulations.
If your account is terminated for any reason, TUTORCARE reserves the right, but has no obligation, to store your materials or contributions, unless required by law or court order. TUTORCARE also has the right to restrict any person to certain parts of the Site.
No responsibility for Content or Contributions posted or linked on the Site
TUTORCARE is not responsible or liable, directly or indirectly, for any content posted by Contributors or taught by Contributors during tutoring sessions, including its accuracy, impact or effect, any actual or alleged damage or loss suffered by anyone who used the content posted by Contributors or received any services provided by Contributors available on or through any such site or resource. Please understand that the content or answers posted on the Site or given during tutoring sessions belong to individual Contributors. The intentions of this content or these answers are to help users learn and use as a tutorial. The content or answers may not be accurate and relevant to your question or tutoring session. You should not fully rely on answer posted on the Site.
For Purchasers who are under the age of 18 and receive “in-person” tutoring service provided by Contributors available on or through the Site, TUTORCARE requires at least one parent or guardian who is at least 18 years old or older to be present at the time of tutoring session. If there is no parent or guardian present at the time of tutoring session, all tutoring sessions MUST stop.
Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is," "as available," and "with all faults" basis. TUTORCARE disclaims all express or implied conditions, representations and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. TUTORCARE makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the Site.
TUTORCARE makes no warranty or representations that:
- The Site will be uninterrupted, timely, secure or error-free.
- The results that may be obtained from the use of the website will be accurate or reliable.
- The quality of any products, services, Content, information or other material purchased or obtained from the website will meet your expectations or requirements;
- Any errors in the Site will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.
Proprietary Tutors, Clients and Referrals: You must understand and agree that students, clients and referrals from TUTORCARE L.L.C. clients are sole properties of TUTORCARE L.L.C. Recruitment of these identities is prohibited. You agree that any violation of this agreement may be considered theft of property and may result in legal action against you. Additionally, a fine of $10,000 will be charged if you violate this policy.
NONSOLITICITATION Agreement: You will not directly or indirectly solicit business from or attempt to sell, license, or provide the same or similar products or services as are now provided to any customer or client of TUTORCARE L.L.C. Furthermore, you will not directly or indirectly solicit, induce or attempt to induce any employee of TUTORCARE L.L.C. to terminate his or her employment with TUTORCARE L.L.C. You agree that any violation of this agreement may result in legal action against you. Additionally, a fine of $10,000 will be charged if you violate this policy.
Third Party Verification Services
According to TUTORCARE’s policy, all Contributors who participate in “Online Tutoring” and “In-Person Tutoring” are encouraged to undergo a background check before being eligible to work in those two features. Any fee related to background check or any verification services are either paid by Contributors, Purchasers or TUTORCARE.
TUTORCARE will use one or more third party verification services to inquire about information including, but not limited to, another user’s identity and criminal history.
You agree that TUTORCARE will not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you agree and warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
Risk of Harm
Please be careful with all information you post on the Site or provide to any users during tutoring sessions. We prohibit all users from publicly posting personal information on the Site including full names, telephone numbers, email addresses, IM, Yahoo, Skype or any social media site usernames and home addresses. You acknowledge and understand all risks associated with dealing with other users on the Site or via any Services. We expect that all users will practice caution all the time when using the Site or using any Services.
Links and Search Results
Like many other sites on the Internet, TUTORCARE may contain or link to third party sites (“Third Party Sites”). You acknowledge and understand that TUTORCARE does not own or operate such Third Party Sites. Therefore, you agree that TUTORCARE is not responsible for the availability of such external sites or resources. TUTORCARE also is not liable for any content, advertising, products or other materials on or available from such other sites or resources. TUTORCARE will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
TUTORCARE will terminate the account of any users who violate the Copyright Policy. If you are a copyright owner or legal agent of a copyright owner, and you believe that any users have violated your copyrights, please contact TUTORCARE at Customer.Service@TUTORCARE.com.
Any account that is inactive for longer than 6 months will be terminated. Any remaining balance associated with the account will also be forfeited.
TUTORCARE will not be responsible to take, transfer, store or provide access to any of your Contributions. If you delete your account, any Contributions you made to the site will remain on the site, and TUTORCARE may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect.
Limitation of Liability
- The use of or the inability to use the Site
- The cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site
- Statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions
- Content or information you may download, use, modify, or distribute
The fee for use of the Site is explained under FAQs (Frequently Asked Question). Fees collected or involved in transactions on the Site will be assessed in U.S. dollars. Your account and all of your transactions are made and displayed in US dollars.
All Contributors who provide Services or post any Content on the Site are considered Independent Contractors of the Site. There are no relationships such as an agency, partnership, joint venture, employer-employee or franchisor-franchisee between TUTORCARE and any Contributors.
If you earn more than $600, you must fill out a W9 form, sign it and submit that form to TUTORCARE either by fax to 1- 888-229-6858 or by email to Customer.Service@TUTORCARE.com. TUTORCARE will stop paying Contributors who do not submit a W9 form and make in excess of $600.
All users on the Site agree that TUTORCARE may collect a transaction fee from any transaction on the Site. This information is posted in our FAQs (Frequently Asked Question) section of the Site. You also agree that any inquiries or disputes regarding any transaction on the Site must be reported within seven days after the transaction is made.
Risks of Reversals, Chargebacks and Claims
Purchasers are not allowed to chargeback any fees they pay for a Service or Content on the Site. If you do a chargeback, TUTORCARE will charge you the cost of the chargeback with any fees associated with the transaction. Purchasers must pay chargeback fees directly to TUTORCARE.
If TUTORCARE is unable to receive payment for chargeback fees and any fees associated with the chargeback transaction, Contributors agree that we will charge such fees to you. You also agree that you will either directly pay TUTORCARE these fees or TUTORCARE will debit any future earning you receive from the Site.
No Off-Site Transactions and No Recruitment
TUTORCARE prohibits any off-site transactions or recruitment activities between any users of the Site.
You agree that TUTORCARE will not offer or provide any refunds for Transactions, Content and Services provided or posted on the Site.
Any transaction between Contributors and Purchasers on the Site are solely between them. You agree that TUTORCARE will not be responsible or liable for any disputes that arise between you and other users.
The Service is arranged, sponsored and managed by TUTORCARE in the U.S. state of Florida. The laws of the state of Florida govern these Terms, without giving effect to any principles or conflicts of law that would result in the application of the laws of a different jurisdiction
If a dispute arises between you and TUTORCARE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and TUTORCARE agree that any claim or controversy in law or equity that arises out of these Terms or our services (a “Claim”) will be resolved in accordance with one of the subsections below or as otherwise agreed to in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution through our Customer Support at Customer.Service@TUTORCARE.com.
These Terms are personal to you. You may not transfer, assign or delegate them to anyone at any time. Any attempt by you to assign, transfer or delegate these Terms will be null and void. We have the right to transfer, assign and/or delegate these Terms without your permission.
No Agency; Third-Party Beneficiary
We are not your agent, fiduciary, trustee or other representative. These Terms are intended to be and are for the sole and exclusive benefit of TUTORCARE and you.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy by us will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of TUTORCARE’s right to subsequently enforce such provision or any other provisions of these Terms.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
TUTORCARE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY TUTORCARE TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE TUTORCARE PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY TUTORCARE, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO TUTORCARE COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
If you have any questions about TUTORCARE or these Terms, please contact us at Customer.Service@TUTORCARE.com.
Notice To You
All notices from us will be sent to you by e-mail, by posting on the Service or by postal mail. We will send notices to you at the e-mail address or physical mailing address maintained in our records for you. You must monitor your e-mail messages frequently to ensure awareness of any notices sent by us.
Notices To Us
You can send notices to us through postal mail to the following address:
P.O. Box 770812
Orlando, FL 32877
For notices mailed through First Class mail, it may take up to (10) business days after it is deposited in the U.S. Mail or personally delivered by express courier such as Federal Express.
All Content on the Service is subject to intellectual property rights, contractual or other protections. The intellectual property rights are owned by TUTORCARE or our licensors. Modification or use of the materials for any other purpose may violate intellectual property rights.