TutorJam Terms of Use

1. Overview

TutorJam Educational and Training Services Inc., ("TutorJam," "TutorJam Inc.", "us", "our" or "we"), a Washington State incorporated company, owns and operates the TutorJam Websites. The term "TutorJam Website" and "TutorJam Websites" includes www.tutorjam.com, www.tutorjam.ca, www.tutorjam.net, www.mytutorjam.com, and any additional websites operated or controlled by TutorJam, associated subsidiaries, and affiliates. The end-user of the TutorJam Website is referred to as "I", "me", "you", "your", "student", "user" or "parent'. This Terms of Use document applies to all the products, services and websites owned by TutorJam, its subsidiaries and affiliated companies (collectively referred to as "TutorJam").

This Terms of Use document governs both the freely accessible parts of the TutorJam Website, as well as the sections of the TutorJam Website that require a username and password for authorization. Please read these Terms of Use carefully before using the TutorJam Website. By using the TutorJam Websites you signify that you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the TutorJam Websites in any form whatsoever.

2. Modification of These Terms of Use

TutorJam reserves the right, at our discretion, to modify these Terms of Use at any time. By continuing to use any part of the TutorJam Website, both the freely accessible parts and the sections that require authorization after we have posted notice of these changes to this Terms of Use constitutes your agreement to such changes.

3. Privacy Policy

TutorJam respects your privacy and has published a Privacy Policy available on the TutorJam Website that outlines our policies and procedures in detail. The information transmitted on the TutorJam Website is subject to this posted Privacy Policy. Our Privacy Policy applies to the information we may collect from the TutorJam Websites. Please review our Privacy Policy document for guidance on privacy related issues concerning the TutorJam Website.

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 TutorJam 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.

You are not authorized to use material published on the TutorJam Websites for commercial purposes of any kind without prior written consent from TutorJam. You agree not to make any use of content not expressly authorized in these Terms of Use. Additionally, you agree to honor all copyright and other notices included in any TutorJam Website content you access.

TutorJam forbids the use of automated agents including, without limitation, "agents", "robots", "bots", "scripts", "webcrawlers", or "spiders", to access, monitor, or copy any part of the TutorJam Websites. Users agree to not use any network sharing or monitoring tools to determine underlying software implementation, proprietary information and data, confidential material, trade secrets, and TutorJam Website usage information. Finally, TutorJam reserves all rights not expressly granted to you in this Terms of Use document. No additional rights are granted by implication whatsoever.

5. Digital Millennium Copyright Act

TutorJam never knowingly infringes on a person or organization's copyright. If you believe that your work has been used or is accessible on any TutorJam Website in a way that constitutes copyright infringement, you may notify TutorJam 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 TutorJam 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. TutorJam reserves the right to remove any material from the TutorJam Websites that allegedly infringes another person or organizations' copyright.

TutorJam's agent for notice of claims of copyright infringement can be reached by mail at: TutorJam Inc., 1829 E. Franklin Street, Suite 600, Chapel Hill, NC 27514.

6. Warranty Disclaimers

THE TUTORJAM 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 TUTORJAM WEBSITES WILL BE ERROR FREE OR UNINTERRUPTED. FURTHER, THERE IS NO WARRANTY THAT THE INFORMATION ON THE TUTORJAM WEBSITES WILL BE ACCURATE, COMPLETE AND/OR RELIABLE. WE DO NOT PROVIDE ANY WARRANTY THAT THE TUTORJAM WEBSITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. TUTORJAM HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE TUTORJAM WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Third Party Websites

TutorJam, 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 TutorJam 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. TutorJam 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 TutorJam with respect to such sites or advertisements.

While TutorJam 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 TutorJam Websites. TutorJam 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

TUTORJAM, 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 TUTORJAM WEBSITES.

IN NO EVENT WILL TUTORJAM'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 TUTORJAM WEBSITES EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE MAXIMUM TUTORING FEE YOU PAID TO TUTORJAM 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.

9. Indemnity

YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS TUTORJAM, ITS AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, ARISING IN CONNECTION WITH YOUR USE OF THE TUTORJAM WEBSITES, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, AND INCLUDING IN CONNECTION WITH ANY INFORMATION THAT YOU PROVIDE TO TUTORJAM ON THE TUTORJAM WEBSITES.

10. Service Level Agreement

10.1 Account Creation and Age Restrictions
The TutorJam 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 TutorJam tutoring service. Users under the age of 18 may use TutorJam's tutoring service only with the involvement of a parent or legal guardian.

10.2 Account Security
Maintaining the security of the TutorJam Website is of utmost importance to TutorJam, its subsidiaries, partners and end-users. As a user of the TutorJam Website you play a part in maintaining the security and integrity of the TutorJam Website. You agree to maintain the confidentiality of the passwords that control access to certain parts of the TutorJam Website including but not limited to your own personal tutoring account within the TutorJam Website. You are solely responsible for liabilities and all activities that take place within your TutorJam tutoring account.

10.3 Maintaining Confidentiality
TutorJam believes that some degree of confidentiality helps to ensure a safe tutoring environment. We have carefully outlined what this encompasses. By using the TutorJam Website, you agree to adhere to the confidentiality policies we've set forth in this Terms of Use. You agree that you will not disclose any personally identifiable information to a TutorJam tutor including your full name (first name is acceptable), address, place of birth, telephone number, mobile phone number, email address, social security number, social insurance number, or any passwords. Further, you agree to conduct all your interactions with TutorJam tutors solely using the TutorJam Website. Interactions between users and TutorJam tutors using a medium other than the TutorJam Website is forbidden and a violation of this Terms of Service. Please note that violating this Terms of Service may lead, at TutorJam's discretion, to the permanent suspension of your TutorJam tutoring account.

To protect our TutorJam's tutors, you agree that you will not exchange information with any TutorJam tutor about topics that fall outside the subjects for which TutorJam provides tutoring services. The subjects that may be discussed are limited to those outlined on the TutorJam Website only. Topics falling outside of those that are discussable include, but are not limited to, soliciting personal information about any TutorJam tutor; suggest meeting offline or using another website distinct from the TutorJam Website. Further, you agree to report any violations or breaches of this Terms of Use to TutorJam staff immediately by contacting us by phone and in writing. You may reach us via electronic mail (email) at bizdev@tutorjam.com or by telephone at 1-877-452-6669. For users outside the US and Canada, you may reach us at 1-519-884-8003.

10.4 Verification of Credentials
TutorJam strives to accurately verify the credentials of all our TutorJam tutors including their academic and teaching credentials. As our business operates across many geographic and jurisdictional boundaries, it may be infeasible to accurately verify each tutor's credentials with absolute certainty. TutorJam and its subsidiaries do not make any promise, explicit or implicit, of verification of third-party background checks of any of its tutors. TutorJam reserves the right to change the definition of "Verification of Credentials" by posting an updated Terms of Use document on the TutorJam Website.

10.5 Outages
TutorJam strives to provide comprehensive tutoring services to its users. However, factors within and beyond the control of TutorJam 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, TutorJam 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 TutorJam Website. TutorJam is not responsible for any damages or claims arising from any planned or unplanned outages that may affect the TutorJam Website.

10.6 Use of Session Ratings
TutorJam uses session rating information to continually improve its products and services. TutorJam may, at its discretion, make use of any TutorJam Website's tutoring session rating data to market and improve its services provided it does not violate the Terms of Use outlined within this document.

10.7 Quality of Tutoring
TutorJam hires tutors that it believes are capable of teaching particular subjects and grade levels using national and local curricula. TutorJam does not guarantee that each and every tutor is familiar with the local and national curricula within the jurisdictions its TutorJam Website is accessible from. TutorJam 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
TutorJam 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.

10.9 Billing
By enrolling in a TutorJam tutoring plan, you agree to allow TutorJam 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 TutorJam 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. TutorJam 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 TutorJam Website. Further, TutorJam 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 TutorJam tutoring plan by faxing a completed Service Cancellation Form available at www.tutorjam.com/cancel/. Please fax this form to 1-877-765-6384 to request cancellation. TutorJam will confirm cancellation and your "Cancellation Date" (via the email provided) within one (1) business day of TutorJam receiving this 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. TutorJam will not refund any pro-rated plan amounts billed prior to the "Cancellation Date". TutorJam reserves the right to terminate or restrict access to its tutoring services for any or no reason at its sole discretion. TutorJam 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 TutorJam's sole determination, may be terminated without refund at TutorJam's sole discretion.

10.11 Disclosure
You understand and agree that TutorJam is responsible for sending notice of enrollment into a tutoring plan and any other disclosures to you at the email address you have provided. TutorJam is not responsible for any delay or failure in my receipt of any email notices. TutorJam 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. TutorJam can send all important communications and disclosures (collectively defined as "Disclosures") to you electronically to the email address that you have provided to TutorJam or to another email address that you provide to TutorJam for that purpose rather than in paper form.

10.12 Fair Use
TutorJam reserves the right to restrict or cancel access to users who violate the Terms of Use including: (1) usage of a single account by more than one student; (2) booking tutoring session and failing to attend; (3) interfere with the ability of others to access or use the TutorJam Website; (4) failure to treat tutors with respect including, but not limited to, using obscenities, both written or spoken, making threats, or engaging in discussions that are not directly related to the subject matter for which the tutoring session was initiated. In these cases, and others, at TutorJam's discretion, TutorJam may cancel or limit access to further tutoring services. Further, cancelled accounts for violation of this Terms of Use are not eligible for any refunds for unused services.

11. Trademarks and Servicemarks

TutorJam and the TutorJam logo are trademarks or registered trademarks of TutorJam Educational and Training Services Inc.

12. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

13. Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms of Use and such severance will not affect the validity and enforceability of any remaining provisions.

14.Violation of These Terms of Use

We reserve all remedies available to us for any violation of these Terms of Use, including but not limited to the right to block access to the TutorJam Websites from a given Internet address.

15. Completeness

These Terms and Conditions are the only ones that govern TutorJam'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 TutorJam to vary any of these Terms and Conditions.

16. Contact Information

If you have questions or concerns regarding these Terms of Use, please contact us at: TutorJam Educational and Training Services Inc., 1829 E. Franklin Street, Suite 600, Chapel Hill, NC 27514 or via electronic mail (email) at bizdev@tutorjam.com.