Terms of Use

Last updated 5/21/2015

Introduction

The brooklyntutorco.com World Wide Web Site and any affiliated websites used in marketing and conducting business or associated with brooklyntutorco.com, such as but not limited to brooklyntutor.blogspot.com (“Sites” or "Site"), the services provided in connection therewith (“Services”) and the software available for download from brooklyntutorco.com or the Site in connection with the Services (“Software”) are owned, operated and maintained, as applicable, by brooklyntutorco.com. ("we", “our,” or” us”). By (1) using or accessing the Site or the Services; (2) downloading, accessing, installing, or using the Software; or (3) paying for someone else to use or access the Site or the Services or download, access, install or use the Software, you agree to the terms and conditions set forth below (Terms). If you do not agree with these Terms, you may not access, download, install, or use the Site, the Services or the Software in any way. If you are a parent, guardian, or other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

By using this Site, Services, or Software, you state and represent that you are at least 18 years old. If you are not at least 18 years old, you may not use the Site, Services, or Software.

Services

Through our Services, Site, and Software, we enable users to connect with tutors (“Tutors”) who provide group or one-on-one tutoring, lessons, and learning services. The Services include, without limitation matching users with the best available Tutors and taking feedback from users.

You are solely responsible for all fees and costs associated with your access to and use of the Services at the time of or before Services or Software are rendered. If not paid, future Service will be canceled or postponed until such payments are made and additional fees will be added including, but not limited to, legal and collection fees.

Privacy Policy

Please review our privacy policy at www.brooklyntutorco.com/privacy-policy

We use session rating information to continually improve Sites, Services, Software, and Company Content. Brooklyn Tutor Co may, at its discretion, make use of any site’s tutoring session rating data to market and improve its services.

Obligations

In consideration of your use of the Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by any form or to anyone who contact you in relation to your request (such information being "Your Data"), (b) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. (c) You agree not to use the Site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission. (d) You agree that a parent or guardian will be present for all tutoring (e) You agree to email your Tutor in writing at least 24 hours before cancellation or postponement of a lesson or be subject to the full price of the tutoring session.

User Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Site or Services by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of “fair use” under copyright law.

You agree that we may record all or any part of any Tutoring Sessions for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to us on or through the Site, the Services, or any other means, such as a part of user satisfaction or other similar surveys.

Copyright Notice

You are not authorized to use material published on the Brooklyn Tutor Co Sites for commercial purposes of any kind without prior written consent from Brooklyn Tutor Co. 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 Brooklyn Tutor Co Sites content you access.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services and Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the Site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the Site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

Confidential Information

You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

Quality

Brooklyntutorco.com suggests tutors that it believes are capable of teaching particular subjects and grade levels of national and local curricula based on the information they give and feedback from previous clients of Tutors, both suggested and unrelated to brooklyntutorco.com. Brooklyntutorco.com does not guarantee that each and every tutor is familiar with the local and national curriculum within the jurisdictions of brooklyntutorco.com is accessible from. Brooklyntutorco.com and its subsidiaries do not make any promise, explicit or implicit, of the capabilities of its Tutors or their familiarity with local and national curricula. We do not do any background checks, nor do we screen or interview in any way, any persons or Tutors. Brooklyntutorco.com does not certify, confirm, or validate any of the information regarding any persons or Tutors. It is your responsibility to conduct any and all background and reference checks on all persons or Tutors.

Restrictions on Free Tutoring

Brooklyntutorco.com reserves the right to restrict access to Free Tutoring 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.

Links

The Site or the Services may provide links to non-Brooklyntutorco.com, World Wide Web Sites or resources (Third Party Sites). This may include Tutors or Users sending links to Third Party Sites. Brooklyntutorco.com has no control over Third Party Sites. You acknowledge and agree that we do not endorse, are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we 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 use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites.

Conduct and Fraud

You may only access the Site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the Site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.; (iii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the Site or the Services; (iv) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (v) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You agree that if you defraud or access our system (or Tutors) through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us $100 per hour, plus all costs we incur related to detecting and investigating your improper action(s),

You agree that our cost of investigation will always be a minimum of $500 and will include inside and outside attorney and paralegal time and related fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe, such as the costs related to requesting subpoenas from courts and then serving those subpoenas on you as well as serving them on Internet Service Providers, phone companies, schools, and other persons or organizations that we feel may be able to assist with our investigation.

Liability Limitations; Disclaimer of Warranty

THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. THERE IS NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, THERE IS NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE AND/OR RELIABLE. WE DO NOT PROVIDE ANY WARRANTY THAT THE SITE WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. WE HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Trademark Notice

The trademarks, names, logos and service marks ( “trademarks”) displayed on this Site or Company Content are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission from brooklyntutorco.com and/or the author.

Copyrights

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide contact@brooklyntutorco.com the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address;
e. 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;
and f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Modifications to the Service

We reserve the right to revise the Terms in this document at any time. We will try to provide at least 30 days notice prior to any new terms taking effect, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.

Termination

We may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately upon your last tutoring session. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination of these Terms you will immediately destroy any downloaded or printed Company Content.

General

These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Law

These Terms shall be governed in all respects by the laws of the United States of America and by the laws of the State of New York. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in New York, as applicable, for any matter arising out of or relating to this Agreement.

You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use or BrooklynTutorCo.com exclusively in a state or federal court located in New York City.

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