TutorFuse provides this Website to you and all other visitors to the Website who view, use, access, browse or submit content or materials (each, a “Visitor” and collectively, the “Visitors”), including without limitation Visitors that seek tutoring services for themselves or others (“Clients”) and Visitors that seek to provide tutoring services (“Tutors”) to Clients. Using, accessing, browsing or submitting content to the Website and/or registering as a Client or Tutor shall constitute acceptance of the Terms for all purposes. If you do not agree to these Terms, do not use the Website.
The Website offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Visitors who wish to provide tutoring services must register as Tutors with the Website. Visitors in search of tutoring services (including parents and legal guardians of students) must register as Clients with the Website. The service provided by TutorFuse is limited to facilitating the search for Tutors by Clients and the search for students by Tutors. TutorFuse does not provide any tutoring services and is not responsible in any way for the tutoring services provided by Tutors. TutorFuse does not screen, investigate or perform background checks on any Clients and Tutors, and all Clients engage Tutors, and all Tutors accept engagement from Clients, at their own risk. Tutors are responsible for billing their Clients and collecting for the services that they provide. TutorFuse does not guaranty performance by either Clients or Tutors.
Tutors are not employees or agents of TutorFuse. All Tutors are independent contractors of the Clients that engage them. As independent contractors hired by Clients, Tutors control the methods, materials and all aspects of the lessons. Tutors are not authorized to bind TutorFuse.
Clients are responsible for selecting the right Tutor for their needs. In making hiring decisions, Clients should review and investigate each Tutor’s self-reported credentials, education, and experience. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
TutorFuse controls and operates the Website from various locations and makes no representations that this Website is appropriate or available for use in all locations. TutorFuse services may not be available in your location, and available services may vary among locations. In addition, TutorFuse will attempt to deliver all correspondence sent via the Website’s messaging system. TutorFuse does not, however, guarantee delivery of all messages.
You acknowledge and agree that TutorFuse’s services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use TutorFuse’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
Your Obligations and Conduct
In consideration of your use of the Website, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving tutoring services; (b) to provide accurate, current, and complete information as may be prompted by a profile form on the website (“Profile Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Profile Data and any information you provide to TutorFuse, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Profile Data. You are not permitted to use the Website or the services or submit Content to the Website if you are under the age of 13.
You are entirely responsible for all materials that you upload, post, or otherwise transmit through your use of the Website (collectively, “Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TutorFuse or other Visitors; (b) includes unauthorized disclosure of personal or confidential information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. TutorFuse reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary, convenient or appropriate in TutorFuse’s sole discretion. You hereby grant TutorFuse an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish all Content (including in digital form). You hereby represent and warrant that you own all rights in the Content, and that no Content will infringe upon the rights of others.
You agree to use the Website at all times in a manner that is lawful, appropriate for the purposes of the Website and in accordance with the Terms. Any use of the Website that TutorFuse, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a Visitor’s registration, with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Website for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Website;
- Attempt to gain unauthorized access to the Website, other Visitors’ accounts, or other device, computer system or networks connected to the Website;
- Advertise or offer to sell any goods or services for any commercial purpose on the Website that are not appropriate or relevant to the Website;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam – spamming is strictly prohibited;
- Download any file posted by another Visitor that you know, or reasonably should know, cannot be legally distributed through the Website;
- Access, download, or copy any information, content and/or materials from the Website through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Website; or
- Restrict or inhibit any other Visitor from using and enjoying the Website.
Third Party Verification Services
TutorFuse may make available one or more third party verification services that enable Visitors to inquire about information including, but not limited to, another Visitor’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that TutorFuse shall 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 warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681. See http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.
Advertisements and Promotions
TutorFuse may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TutorFuse found on or through the Website, 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 advertiser. TutorFuse is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TutorFuse advertisers on the Website.
Content Provided Via Links
You may find links to other websites or resources on the Website. You acknowledge and agree that TutorFuse is not responsible in any manner for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TutorFuse will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Termination and Suspension
TutorFuse reserves the right to suspend and/or terminate the registration of any Visitor with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Website after termination or during suspension.
USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TUTORFUSE 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. TUTORFUSE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE AND/OR THE SERVICES PROVIDED BY TUTORS.
TUTORFUSE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE 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 OR USE OF THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation of Liability
THE WEBSITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES.
YOU UNDERSTAND AND AGREE THAT TUTORFUSE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY VISITOR ON OR OFF THE WEBSITE AND THAT TUTORFUSE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY TUTOR. YOU UNDERSTAND AND AGREE THAT TUTORFUSE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE WEBSITE, OF ANY VISITOR. AS SUCH, TUTORFUSE EXPRESSLY DISCLAIMS, AND EACH VISITOR (ON BEHALF OF HIMSELF OR HERSELF AND ANYONE CLAIMING THROUGH HIM OR HER INCLUDING WITHOUT LIMITATION STUDENTS FOR WHOM VISITORS HAVE SOUGHT TUTORING SERVICES) EXPRESSLY RELEASES TUTORFUSE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, COSTS AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF TUTORS AND OTHER VISITORS ON OR OFF THE WEBSITE.
VISITOR TRANSACTIONS AND INTERACTIONS ARE BETWEEN THEMSELVES ONLY. TUTORFUSE WILL NOT BE INVOLVED IN ANY VISITOR INTERACTIONS. TUTORFUSE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER VISITOR INTERACTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, TUTORFUSE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF TUTORFUSE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (B) 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 WEBSITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION VISITORS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND TUTORFUSE AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN YOUR DECISION TO USE THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Assumption of Risk
You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Visitors.
Notices; Modification and Termination of Services; Amendment of Terms
TutorFuse may provide notice to Visitors via email, regular mail, or posting notices or links to notices on the Website. TutorFuse reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. TutorFuse may also delete, or bar access to or use of, all related information and files. TutorFuse will not be liable to Visitors or any third-party for any modification, suspension, or termination of service, or loss of related information. TutorFuse may amend these Terms at any time by posting the amended terms on this Website.
These Terms, as amended from time to time, constitute the entire agreement between you and TutorFuse relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use TutorFuse or third-party products or services.
Additional Tutor Terms
- These Terms and a Tutor’s use of the Website DO NOT create an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Tutor and TutorFuse. The Tutor will be an independent provider of tutoring services to Clients only and not an independent contractor of TutorFuse or TutorFuse’s employee for any purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state income tax law, any state workers’ compensation laws, and any state unemployment insurance law. Tutor is solely responsible for all taxes relating to income received from Clients. Tutor acknowledges that TutorFuse provides only an Internet-based marketplace for individuals seeking the services of a tutor to identify and retain the services of individuals seeking to provide tutoring services. Tutor further acknowledges that TutorFuse does not directly or indirectly engage Tutor to render any services whatsoever and that any engagement of the Tutor’s services through the Website is undertaken exclusively by the individual who has selected Tutor through the Website to provide tutoring services.
- Tutor will be solely responsible for providing tutoring instruction. The Tutor will retain absolute discretion as to the manner and means of carrying out Tutor’s tutoring services. Tutor shall determine Tutor’s own cancellation policy, rate, and availability. TutorFuse does not guarantee connection to students or minimum payment. At all times, Tutor will comply with applicable law and will hold all licenses and permits required under applicable law.
- Tutor and TutorFuse acknowledge that this Agreement is nonexclusive, and Tutor is free to engage in and simultaneously perform any employment or other services during the duration of this Agreement. Nothing herein precludes Tutor from advertising or providing Tutor’s services to the general public.
- Tutor shall set Tutor’s own hours and schedule Tutor’s own tutoring sessions.
- Tutor shall seek payment for its services exclusively from Clients. Tutor is responsible for requesting and receiving its preferred form of payment. Tutor specifies rates. TutorFuse will not be liable or responsible for payment of services to Tutor. TutorFuse is not involved in any transactions between Tutors and Clients.
- Tutor is solely responsible for all costs and expenses related to the services provided by Tutor including but not limited to expenses associated with preparing for and administering tutoring sessions, educational materials and transportation. TutorFuse will not be liable to Tutor for any costs and expenses incurred by Tutor.
- Tutor will provide Tutor’s own supplies and equipment required to complete the tasks for which Tutor is engaged.
- Tutor is responsible for all federal, state, and/or local tax purposes. Tutor understands that it is the Tutor’s responsibility to pay any applicable taxes.
- Tutor acknowledges that Tutor is engaged in an independent business and is not eligible to participate in pension, health, or other fringe benefits plans of TutorFuse.
- No Workers’ Compensation Insurance shall be obtained by TutorFuse for Tutor. Tutor understands that it is the Tutor’s responsibility to comply with the Workers’ Compensation Law.
- Tutor acknowledges that during the performance of tutoring services Tutor will have access to information relating to student’s identity, address, contact information, and other personal information. Tutor will at all times hold all such information in the strictest confidence and to not disclose to any person, firm, or corporation or to use it except as necessary in carrying out the services consistent with Tutor’s engagement.
- Tutor agrees to indemnify and hold harmless TutorFuse and its officers, directors, members, agents and employees from and against any and all losses, expenses, costs, liabilities, and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of Tutor’s actions and omissions.
- Tutor understands that TutorFuse offers an Internet-based marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, TutorFuse makes no representations to Tutor about the suitability, character or background of any TutorFuse Visitor (including, without limitation, TutorFuse students or their parents or guardians), nor does TutorFuse perform any type of background check of Visitors (including, without limitation, TutorFuse students or their parents or guardians). It is the Tutor’s sole duty to exercise Tutor’s own judgement, protocols and/or standards when considering whether to engage in tutoring services with each student or Client. Tutor understands and agrees that it is Tutor’s responsibility to conduct any and all background and reference checks regarding other TutorFuse Visitors. Tutor is never obligated to pursue any tutoring opportunity.
- Tutor acknowledges that all Website content submitted by Tutor will be the property of TutorFuse and may be distributed by TutorFuse at the company’s sole discretion.
- Either party may terminate this Agreement for any reason at any time; provided that the rights and obligations of TutorFuse and Tutor hereunder shall survive such termination for all purposes.
- It is the responsibility of the Tutor and a Client or student to determine that the Tutor and student do not work at/attend the same school. TutorFuse is not responsible for verifying there is no conflict of interest.