XYZtutor.com, Inc. World Wide Web site, is an online tutoring website. The services, and the software available from XYZtutor.com, Inc. are owned, operated and maintained, as applicable, by XYZtutor.com, By:
1. using or accessing the site or the Services.
2. accessing, or using the Software; or
3. paying for someone else to use or access the site or the Services, you agree to the terms and conditions set below.
If you do not agree with these Terms, you may not access or use, the site, the Services or the Software. If you are a parent, guardian, or other person who allows 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 that could properly lie against a child, if not for his or her age.
Through our site, we enable users to connect with tutors who provide online, one-to-one instruction, tutoring and learning services through our online virtual classrooms. The Services are currently available 365 days of each standard year, and 366 days of each leap year. The Services are unavailable only if stated ahead on our site. As an online service XYZtutor.com may occasionally be unavailable as we perform regular maintenance and upgrades during the some times.
To use our Services, you will need to register on the site, pay any applicable fees, and obtain an account, username and password. You are responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities linked to your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other violation of security, and ensure that you exit from your account(s) at the end of each session. We will not be responsible for any loss arising from your failure to obey with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder.
In consideration of your use of the Services, you agree to (a) provide true, accurate, and current information about yourself, and (b) maintain and update your data to keep it current. 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). You agree not to use the site to recruit, or contact in any form for employment for a business not affiliated with us without our advance written permission.
You agree that we may record all or any part of any tutoring sessions for quality control and other purposes.
You acknowledge that the software, and all other designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data, are made available to you in connection with the site and are the proprietary works of us and are protected, without limitation, to all copyright laws. You will not, in any manner, without our prior written approval, attempt to discover any source code of the software or any other content.
Conduct, Fraud, and Consequences of Fraud
You are responsible for the knowledge of all laws, rules, and regulations relating to your use of the services. You agree that you will not in any way:
1 interfere with the ability of others to access or use the services.
2 disrupt the normal flow of communication.
3 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 agree that you will not disclose any information to a Tutor that could be considered personally identifiable information including your full name, address, telephone number, email address, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension of your account. Similarly, you agree that you will not solicit any such information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
You agree that if you access our system (or Tutors) through any method that is in any way improper or allow anyone else to do so, you will immediately pay us $50 per hour, plus all costs we incur related to detecting and investigating your improper action(s), for each hour that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use.
You agree that our cost of investigation will always be a minimum of $250 and will include inside and outside attorney and related fees, as well as the fees of private and investigators and all court and other costs associated with collecting the amounts you owe.
For the purposes of this document, defrauding our system or accessing them improperly means creating accounts and/or adding time to them and/or using time from them in any manner other than by following our defined procedures for creating valid accounts and then paying for the tutoring you receive. Examples of improper access include hacking our system in any way, and sharing your account information or anyone else's account information with a third. Improper access also includes using multiple email accounts, cell phone numbers, and/or credit card numbers) to attempt to avoid paying for service.
Further, you explicitly agree that if you have at any time provided us with a valid credit card number for any reason, including initial authorization of your account, you hereby explicitly agree that we have your approval to charge your card for the full amount of the time you obtained improperly, plus a minimum of $250 towards our costs. For example, if you create twenty accounts on XYZtutor.com under a imaginary “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (twenty hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.
Disclaimer of Warranty, Limitations
To the fullest extent possible, we disclaim all warranties with respect to the site, the services, and each other part. We do not warrant the use, validity, or reliability of, or the results of the use of the site content and services.
The trademark and logos used and displayed on the site are registered and unregistered trademarks of us and are protected, without limitation to all trademark laws. You may not use the trademarks, in any way without the prior written permission of the applicable trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
Purchase, Payment, Recurring Monthly Billing
When you select an online tutoring plan, we immediately charge your credit card and put into your account the number of minutes that correspond to your online tutoring plan. On the same day of each month, until you tell us otherwise, we charge your monthly fee to your credit card and refill your account with the number of minutes that correspond to your online tutoring plan. When you finish a tutoring session, we deduct the time you spent with the tutor from your account balance. If you cancel your online tutoring plan, we remove your unused minutes from your account at what would have been your next billing date.
Please note that in months with fewer than 31 days, we charge your card on the last day of the month.(For example, if you sign up for an online tutoring plan on January 31, we would bill your card again on February 28. In future months, we would continue billing your card on the 28th).
While we hope that you will be completely satisfied with our service, and we are proud that more than 90% of XYZtutor.com users would recommend us to a friend, we know that occasionally you may have an unsatisfactory experience.
If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service. To report an unsatisfactory session you may call us during business hours at (961) 5-555111, or email us at email@example.com.
Please remember that our tutors will not give answers to questions! They will only help you understand how you can solve problems for yourself. Accordingly, we do not give credit for sessions in which a student demands that a tutor provide the answer.
Refunds are available only within 30 days of initial purchase
When you cancel your account, we will stop charging your credit card and will stop refilling your account with minutes each month.
If you decide to cancel within 30 days of creating your account, we will process a refund for any unused minutes left in the account on a prorated basis. For example, if you select a 100-minute plan for $50 per month, use 50 of your 100 minutes, and request a refund within 30 days, we will refund $25 of your initial purchase. No refunds will be issued if you cancel your account after your first 30 days.
Please note that for security reasons we can process refund requests only by phone. You must call us at (961) 5-555111 within 30 days of creating your account to request a refund.
XYZtutor.com takes your privacy seriously. We know you trust us to help with your homework and lessons and we want you to know that you can trust us with your personal information.
Why We Need Your Personal Information
XYZtutor.com is personal, and one-to-one. So, we need to collect some personal information from you to set up your account with us.
Here are some of the things we need your personal information to be able to do:
Make your tutoring sessions personal
Store all of your past sessions, so you can review them anytime
Complete your purchases
Contact you about your account
Send you newsletters by mail or email about our service
Ask you for your feedback to help make our service better
Respond to your email requests for information and/or customer service
We WILL NOT sell your personal information to anyone
We WILL NOT send you newsletters or promotional mail or email if you tell us not to
You and Your Parents Control Your Personal Information
If you are under age 13, a law called the Children's Online Privacy Protection Act (COPPA) says that we must have a parent's permission before we may collect and use your personal information. We will need this permission before we are able to create an account for you or provide you with any tutoring.
We Share Your Personal Information With Those Who Pay For Your Account and With Those Vendors Who Help Us Process Transactions
If we have reason to believe that disclosing your Personal Identification is required by law, is reasonable to protect someone from possible injury, or as part of a internal or external legal investigation, we may do so. We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.