4. Authorized Use of Content
All content, including, but not limited to, text, images, audio and videos, unless otherwise explicitly noted, is the property of SchoolTutoring Academy and its licensors and is protected by U.S. and international copyright and other intellectual property laws. As an end-user, you may access, use and make a machine-readable or print copy of this content for your personal or educational use only.
5. Digital Millennium Copyright Act
SchoolTutoring Academy never knowingly infringes on a person or organization’s copyright. If you believe that your work has been used or is accessible on any SchoolTutoring Academy Website in a way that constitutes copyright infringement, you may notify SchoolTutoring Academy by providing the following information: (1) an electronic/physical signature of a person authorized to act on behalf of the owner(s) of the copyright material that is allegedly infringed; (2) a description of the copyrighted material that you claim has been infringed upon; (3) information sufficient to allow SchoolTutoring Academy to contact you, including your full mailing address, telephone number, and electronic mail (email) address; (4) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. SchoolTutoring Academy reserves the right to remove any material from the SchoolTutoring Academy Websites it allegedly infringes another person or organizations’ copyright.
SchoolTutoring Academy’s agent for notice of claims of copyright infringement can be reached by mail at: Educators Group Inc., 505 Union Ave SE Suite 120, Olympia, Washington 98501.
6. Warranty Disclaimers
THE SCHOOLTUTORING ACADEMY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY THAT ACCESS TO THE EDUCATORS GROUP WEBSITES WILL BE ERROR FREE OR UNINTERRUPTED. FURTHER, THERE IS NO WARRANTY THAT THE INFORMATION ON THE SCHOOLTUTORING ACADEMY WEBSITES WILL BE ACCURATE, COMPLETE AND/OR RELIABLE. WE DO NOT PROVIDE ANY WARRANTY THAT THE EDUCATORS GROUP WEBSITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. SCHOOLTUTORING ACADEMY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE EDUCATORS GROUP WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Third Party Websites
SchoolTutoring Academy, its affiliates, officers, directors, employees and authorized agents also disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to-or-from SchoolTutoring Academy Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link users to sites containing information that may be deemed inappropriate or offensive. SchoolTutoring Academy is not liable in any way for the accuracy, copyright compliance, legality, or decency of material contained in any third-party sites and/or advertisements and you hereby irrevocably waive any legal claim against SchoolTutoring Academy with respect to such sites or advertisements.
While SchoolTutoring Academy takes great strides to ensure a satisfactory customer experience, we do not ensure that you will be satisfied with any products or services that you purchase or receive from any third-party site that links to-or-from SchoolTutoring Academy Websites. SchoolTutoring Academy does not make any representation or warranty about the security of any information, including, without limitation, credit card and other personal information, you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites.
8. Limitation of Liability
SCHOOLTUTORING ACADEMY, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ACADEMIC ISSUES ARISING FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SCHOOLTUTORING ACADEMY WEBSITES.
IN NO EVENT WILL SCHOOLTUTORING ACADEMY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SCHOOLTUTORING ACADEMY WEBSITES EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE MAXIMUM TUTORING FEE YOU PAID TO SCHOOLTUTORING ACADEMY IN A GIVEN MONTH (WHICHEVER IS LESS). THIS MAXIMUM TOTAL LIABILITY IS REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF ANY CLAIM AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL AND ORIGINAL PURPOSE.
10. Service Level Agreement
10.1 Account Creation and Age Restrictions
The SchoolTutoring Academy Website must only be accessed by users who are 13 years and older. Users under the age of 13 may not create an account or otherwise use the site without the permission of a parent or legal guardian who is at least 18 years old. Further, you must be over the age of 18 to subscribe to or enroll in a SchoolTutoring Academy tutoring service. Users under the age of 18 may use SchoolTutoring Academy’s tutoring service only with the involvement of a parent or legal guardian.
10.2 Account Security
Maintaining the security of the SchoolTutoring Academy Website is of utmost importance to SchoolTutoring Academy, its subsidiaries, partners and end-users. As a user of the SchoolTutoring Academy Website you play a part in maintaining the security and integrity of the SchoolTutoring Academy Website. You agree to maintain the confidentiality of the passwords that control access to certain parts of the SchoolTutoring Academy Website including but not limited to your own personal tutoring account within the SchoolTutoring Academy Website. You are solely responsible for liabilities and all activities that take place within your SchoolTutoring Academy tutoring account.
10.3 Maintaining Confidentiality
10.4 Verification of Credentials
SchoolTutoring Academy strives to provide comprehensive tutoring services to its users. However, factors within and beyond the control of SchoolTutoring Academy including but not limited to power outages, tutor absences due to personal matters, acts of God, network outages, and other technological issues may limit student’s access to tutoring services. Further, SchoolTutoring Academy is not responsible for troubleshooting end-user computer issues – including the installation of software, hardware or peripherals – that result in an inability to access some or all of the SchoolTutoring Academy Website. SchoolTutoring Academy is not responsible for any damages or claims arising from any planned or unplanned outages that may affect the SchoolTutoring Academy Website.
10.6 Use of Session Ratings
10.7 Quality of Tutoring
SchoolTutoring Academy hires tutors that it believes are capable of teaching particular subjects and grade levels using national and local curricula. SchoolTutoring Academy does not guarantee that each and every tutor is familiar with the local and national curricula within the jurisdictions its SchoolTutoring Academy Website is accessible from. SchoolTutoring Academy and its subsidiaries do not make any promise, explicit or implicit, of the capabilities of its tutor or their familiarity with local and national curricula.
10.8 Restrictions on Free Tutoring
SchoolTutoring Academy reserves the right to restrict access to Free Trial sessions or other advertised free tutoring sessions at its sole discretion. No claim, explicit or implied, is made to you granting you the right to free tutoring services.
By enrolling in a SchoolTutoring Academy tutoring plan, you agree to allow SchoolTutoring Academy to bill you automatically on a monthly basis for the amount stated on your agreed upon plan. You agree that changes to the price as posted on the SchoolTutoring Academy Website including changes in applicable taxes will be automatically billed to you at the start of your month’s billing cycle for pre-payment of the coming month’s tutoring services. SchoolTutoring Academy is not responsible for local access charges including but not limited to Internet bandwidth charges, telecommunication access fees, mobile text messaging and telephony charges arises from accessing the SchoolTutoring Academy Website. Further, SchoolTutoring Academy is not responsible for any bank or credit card fees, including but not limited to bank overdraft fees, that result from billing your method of payment as per your tutoring plan.
10.10 Cancellation and Termination
You may cancel your subscription to any SchoolTutoring Academy tutoring plan by faxing a completed Service Cancellation Form available at www.SchoolTutoring.com/cancel/. Please fax this form to 1-877-765-6384 to request cancellation. SchoolTutoring Academy will confirm cancellation and your “Cancellation Date” (via the email provided) within one (1) business day of SchoolTutoring Academy receiving this form. In all instances where the user declares to an external agency that a Cancellation of Service was made prior to the date recorded by SchoolTutoring Academy, user will be required to furnish the Cancellation Letter sent to them for verification purposes. In all instances, the copy of the Cancellation Letter associated with the user’s account shall be deemed the authoritative source. It is the user’s responsibility to ensure a Cancellation Date and Cancellation Letter are obtained from SchoolTutoring Academy within one (1) business day of sending the Service Cancellation Form. Please Note:
1. Prior to cancellation, please review these Terms of Service. In all cases of dispute, these Terms of Service shall prevail.
2. Improperly filled or incomplete Service Cancellation Forms will not be honored.
3. Refunds are based strictly on our Terms of Service agreement.
4. For verification purposes, we ONLY accept cancellation notices by faxing this cancellation form. You cannot
cancel your account via email or phone – no exceptions.
5. Within one (1) business day of receiving the Service Cancellation Form via fax, an email confirming the customer’s “Cancellation Date” and a “Confirmation Code” will be sent to the email provided by the customer. In all cases of dispute, this “Cancellation Date” shall prevail.
6. Any recurring billing charges for plan fees made prior to the “Cancellation Date” are non-refundable.
Tutoring plans are prepaid at the start of the month for the entire month. SchoolTutoring Academy will not refund any pro-rated plan amounts billed prior to the “Cancellation Date”. SchoolTutoring Academy reserves the right to terminate or restrict access to its tutoring services for any or no reason at its sole discretion. SchoolTutoring Academy does not offer refunds on full or unused portions of its tutoring services. Unused tutoring hours may be used prior to the expiry date of the previously enrolled plan or 30 days, whichever is less. Any customers who are abusive to our staff, by SchoolTutoring Academy’s sole determination, may be terminated without refund at SchoolTutoring Academy’s sole discretion.
You understand and agree that SchoolTutoring Academy is responsible for sending notice of enrollment into a tutoring plan and any other disclosures to you at the email address you have provided. SchoolTutoring Academy is not responsible for any delay or failure in my receipt of any email notices. SchoolTutoring Academy can provide disclosures required by law and other information about my legal rights and duties to me electronically. My electronic signature on agreements and documents, or acceptance of legal terms, including this terms of service, has the same effect as if I signed them in ink. SchoolTutoring Academy can send all important communications and disclosures (collectively defined as “Disclosures”) to you electronically to the email address that you have provided to SchoolTutoring Academy or to another email address that you provide to SchoolTutoring Academy for that purpose rather than in paper form.
10.12 Fair Use
11. Trademarks and Servicemarks
SchoolTutoring Academy and the SchoolTutoring Academy logo are trademarks or registered trademarks of Educators Group Inc.
12. Governing Law and Jurisdiction
These Terms and Conditions are the only ones that govern SchoolTutoring Academy’s products, services and websites. No other oral or written terms or conditions apply including warranties and claims expressed or implied. No one has the authority from SchoolTutoring Academy to vary any of these Terms and Conditions.
16. Contact Information