By accessing or using the Tutordoctor.com website (“Website”), you agree to be bound by the Agreement. THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR THE SERVICE.
PLEASE NOTE: THIS AGREEMENT CONTAINS A PROVISION FOR ARBITRATION THAT GOVERNS THE MANNER IN WHICH CLAIMS CAN BE BROUGHT. THIS PROVISION WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST TUTOR DOCTOR THROUGH FINAL AND BINDING ARBITRATION, WITH LIMITED EXCEPTION. THIS AGREEMENT ALSO CONTAINS A REPRESENTATIVE PAGA WAIVER AND A CLASS ACTION WAIVER. Please ensure to carefully review the Agreement prior to using the Website.
The Website and its services related to the matching of tutors and students, including matching students who are seeking tutors, matching tutors who are seeking students so they can provide their services to students through the System as well as in person, facilitating the process of tutors joining the System and local Tutor Doctor Franchised Businesses, test preparation services, learning tools and educational content (the “Service”) are owned and operated by Tutor Doctor. Individuals, groups, entities, etc. will occasionally use Tutor Doctor’s System to locate and connect with tutors providing tutoring services at Tutor Doctor Franchised Businesses near them (“Student”). Tutors will provide their tutoring services to potential students obtained through Tutor Doctor’s System (“Tutor”).
The terms “you,” “your,” or “User(s)” pertains to any individual who gains access to the Website or the Service for personal purposes, or on behalf of an entity or any other person, relating to Tutors and the Service provided to Tutors, and Students and the Service provided to Students. If you claim to be an agent, representative, or acting on behalf of any entity or person, then the references to “you,” “your,” or “User(s)” will include you as an individual and any such entity or person you claim to represent, and you further covenant and warrant that you are an authorized representative of the entity or person you claim to represent, that you have the power to bind such entity or person to this Agreement, and that your acceptance of this Agreement will constitute acceptance on behalf of such entity or person.
Tutor Doctor grants you a limited license to access and use the Website. The grant of this license is subject to your compliance and satisfaction with the terms of the Agreement. In the event of non-compliance, Tutor Doctor may exercise its right to restrict your ability to access or use the Website or Service, and revoke your license(s). The materials available on this Website or through the Service are protected by trademark and copyright laws in the United States and internationally. These materials are either owned or controlled by Tutor Doctor, or its partners. You may only view or download materials from the Website for personal use or a use permitted by Tutor Doctor.
Tutor Doctor prohibits any and all reproduction, duplication, distribution, publication, modification, copying, or transmission of any material available on or through the Website or Service without Tutor Doctor’s prior written consent, except where expressly permitted by the Website or Service. Unless otherwise specifically noted in this Agreement, you are prohibited from copying, modifying, transmitting, selling, republishing, broadcasting, or redistributing any of the Content, trademarks, Service marks, logos, or icons displayed on the Website or Service, as these are property of Company or its affiliates or licensors. You are also prohibited from manipulating or altering in any way, the above mentioned intellectual property.
(2) Modifications to the Agreement
Tutor Doctor retains the right to alter, amend, append, or delete any part of this Agreement at any given time without providing prior notice. Your continued use of the System or Service subsequent to any such modifications will indicate your acceptance of the changes made.
Please contact email@example.com if you have any questions in regard to the above.
(3) Consent to Communications
(a) Agreement to Receive Communications from Tutor Doctor
Upon using the System and providing contact information, you shall consent to receive electronic and mail communications (email, text, text receipts, Short Messaging Service “SMS” and by telephone) from us (collectively, “Communications”). Tutor Doctor may be required by law to send you Communications in relation to Tutor Doctor, your account, the Website, or Services (“Required Communications”). Other Communications may be sent to you for various reasons. You have the option to change the email or mobile phone number that is registered to your account by contacting us at firstname.lastname@example.org. Tutor Doctor shall not impose any fees on you for sending SMS text messages; however, your Communications service provider may do so. You agree to bear any fee(s) or charge(s) incurred for incoming and outgoing text messages between you and Tutor Doctor or Tutor Doctor’s assigns, successors, servicers, or agents, without seeking reimbursement from Tutor Doctor or such entities.
You acknowledge that if the telephone number you provided above becomes invalid or if you no longer own the telephone number, you are obligated to inform the Tutor Doctor of such changes by sending an email to email@example.com. You further understand and agree that if Tutor Doctor sends you any communication, but you do not receive it due to an incorrect, outdated, or blocked primary email address or phone number on file, or any other reason that renders you unable to receive Communications, such Communication shall still be considered as received by you.
(b) Electronic Signature
You acknowledge that when you click on the “I Accept”, “Submit”, or similar button on Tutor Doctors website, you are showing your intent to sign the pertinent document or record, and that such action shall constitute your signature.
(c) Withdrawing Consent to Communications
You may choose to opt-out of receiving all non-required Communications via email by sending us a notice of such withdrawal. If, upon notifying Tutor Doctor, you receive further Communications or Tutor Doctor attempts further Communications, you shall send a further notification of withdrawal in accordance with the instructions below.
You may withdraw your consent to receive Communications by emailing the Tutor Doctor legal team at firstname.lastname@example.org, sending a notice containing your full name, user name, and email address. However, if you decide to opt-out of these Communications, you will no longer receive any further electronic notices from us (except for Required Communications), which could include essential announcements or notifications.
You may opt out of promotional emails or promotional text messages by emailing the Tutor Doctor Marketing team at email@example.com, sending a notice containing your full name, user name and email address.
d) Requesting Paper Copies of Electronic Communications.
At your request, Company shall provide you with a hard copy of the contract(s) or other electronically provided material in accordance with this consent. If you wish to receive a hard copy of any such material, you must notify Tutor Doctor Learning Solutions Inc., Attn: Legal Department, 91 Skyway Avenue, Suite 104, Toronto, Ontario, M9W 6R5 Canada in writing within 30 days of the communication for which you seek a hard copy. There shall be no fee for providing a hard copy of this material.
You shall indemnify, defend, and hold Tutor Doctor harmless from and against all claims, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your provision of a mobile phone number that is not your own or your violation of applicable federal, state, or local laws, regulations, or ordinances. Your obligations under Section 3, shall survive termination of the Agreement. Tutor Doctor shall not be liable for losses or damages resulting from any delay in delivery or disclosure of information to third parties by your communication service provider. Tutor Doctor reserves the right to modify or terminate its text messaging service, including the right to terminate text messaging with or without notice and without liability to you, any other User, or any third party.
By accessing or using the Website, you agree to be bound by the following Arbitration provision.
(a) Pre-Arbitration Negotiation
Unless an exception to arbitration applies as set forth in the section titled “Exceptions to Arbitration”, if any dispute, claim, or question arises in relation to any terms of this agreement or breach thereof, the parties will attempt to settle the matter by good faith consultation and negotiation. The Parties will make reasonable efforts to reach a mutually acceptable and equitable resolution, taking into account their shared interests. The parties will have a period of thirty (30) days to attempt to achieve a resolution. If a resolution cannot be reached within the stipulated time frame, either party may provide notice to the other to initiate binding arbitration to resolve this dispute.
(b) Agreement to Binding Arbitration Between You and Tutor Doctor
Both you and Tutor Doctor mutually agree to waive our respective rights to have disputes resolved in a court of law by a judge or jury and instead agree to settle any dispute through arbitration. The Federal Arbitration Act (FAA) governs this provision (“Arbitration Provision”). All arbitration proceedings under this provision shall be conducted solely on an individual basis. This Arbitration Provision applies to any and all claims between you and the Company, including its officers, directors, employees, agents, shareholders, affiliates, subsidiaries, parents, successors, and assigns, unless otherwise stated herein. This Arbitration Provision will survive the expiration or termination of this Agreement or your association with the Tutor Doctor.
All disputes and claims between you and Tutor Doctor, except as expressly stated below, shall be resolved solely by binding arbitration. These disputes include, but are not limited to, disputes related to the Agreement, deactivation, suspension, or termination of the Agreement, the System, the Service, any goods or services provided by the System, your relationship with Tutor Doctor, promotions or offers made by Tutor Doctor, wage-hour laws, discrimination, retaliation, mental or emotional harm, wrongful termination, breach of contract or covenant, claims under the Civil Rights Act of 1964, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Fair Labor Standards Act, Family Medical Leave Act, and any other federal and state statutory or common law claims. The arbitrator shall resolve the claim and any disputes related to this Arbitration provision, except as expressly stated below.
By agreeing to this Arbitration Provision, you acknowledge that both you and Tutor Doctor are relinquishing the right to pursue legal action in court or request a trial by jury for all claims, unless expressly specified otherwise in this provision. This Arbitration Provision aims to mandate arbitration for every claim or dispute that can be lawfully arbitrated, except for those claims and disputes which are explicitly excluded from the requirement to arbitrate as per the terms of this provision.
(c) Class Action Waiver
You understand and acknowledge that you and Tutor Doctor can only bring claims in arbitration against the other solely in an individual basis. You further agree that neither you or Tutor Doctor will seek to have any dispute heard on a class action, collective action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You hereby waive any right to assert consolidated claims with respect to any disputes subject to arbitration under these terms or any disputes between the parties. All parties involved in arbitration or proceedings must provide prior written consent before they are combined with another. Section (b) does not apply to claims brought against Tutor Doctor under the Representative Private Attorneys General Act, as these are governed by Section (d).
The arbitrator shall not have the authority to address or settle any claim or grant any remedy except on an individual basis. The arbitrator is not authorized to consider or settle any claim or grant relief on behalf of a class, collective, or representative basis.
(d) Representative PAGA Waiver
Notwithstanding any other provision of this Agreement or the Arbitration Provision, the parties mutually agree to waive their right to pursue any representative action under the Private Attorneys General Act of 2004 (“PAGA“), California Labor Code § 2698 et seq., on behalf of others, whether in court or in arbitration. Any PAGA claim brought on an individual basis shall be resolved in arbitration only on an individual basis to determine whether the claimant has been personally aggrieved or subject to any legal violations, and shall not be used to resolve the rights or claims of other individuals in a collective or class proceeding (“Representative PAGA Waiver“), subject to applicable law. In the event of a dispute regarding the scope, applicability, enforceability, revocability, or validity of the representative PAGA Waiver, it shall be resolved exclusively by a civil court with proper jurisdiction and not by an arbitrator, notwithstanding any other provisions set forth in this Agreement, the Arbitration Provision, or the AAA Rules. Should any provision of this Representative PAGA Waiver be discovered to be unenforceable or illegal for any reason: (i) the provision that cannot be enforced shall be removed from this Agreement; (ii) removing the unenforceable provision shall not impact the Arbitration Provision or the obligation that all remaining claims be arbitrated on an individual basis following the Arbitration Provision; and (iii) any representative PAGA claims or claims by a private attorney general must be settled in a civil court of competent jurisdiction, and not in arbitration. If a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to any claims, and those claims are required to be litigated in a civil court, the parties agree that litigation of those claims shall be stayed until the outcome of any individual claims in arbitration is determined.
(e) Rules Governing Arbitration
All arbitration proceedings under this Arbitration Provision shall be governed by the Consumer Arbitration Rules of the American Arbitration Association (the “AAA“) and shall be in force upon initiation of arbitration, as modified by the terms in this Arbitration Provision. Please note that if you request and justify an alternate set of AAA Rules, the arbitrator may, at their discretion, select a different set of rules. Nevertheless, the arbitrator may not consolidate multiple claims, or preside over any form of representative, collective, or class proceeding.
During the course of arbitration, both you and the will have an opportunity to conduct reasonable discovery of non-privileged information that is relevant to the claim. The arbitrator may award individualized remedies available in court, but declaratory or injunctive relief may be granted only to the extent necessary to provide relief for the party’s individual claims. The arbitrator shall provide a written statement explaining the award given and the findings and conclusions upon which the decision is based.
The arbitrator will decide all claims in accordance with applicable law and will recognize all claims of privilege recognized by law. The arbitrator’s award shall be final and binding, and any judgment may be entered in any court with jurisdiction. However, any award may be challenged in a court of competent jurisdiction.
You may visit www.adr.org or contact AAA at 1-800-778-7879 if you wish to retain copies of the rules.
(f) Location of Arbitration
Arbitration proceedings between you and the Tutor Doctor shall be held in the county associated with your billing address, unless you and Tutor Doctor mutually agree otherwise. In the event that the AAA arbitration is not available in your county, the arbitration proceedings shall be conducted at the nearest location where the AAA conducts arbitrations
(g) Arbitration Fees
Arbitration Fees, including the payment and filing thereof, will be governed by the AAA.
(h) Exceptions to Agreement to Arbitrate
The following types of claims shall be exempt from arbitration: (1) Individual small claims actions that are within the jurisdiction of such small claims court; (2) Representative actions brought on behalf of others under PAGA or other private attorneys general acts, to the extent that a court of competent jurisdiction deems the representative PAGA Waiver in section (c) of such action unenforceable; (3) Disputes related to intellectual property, such as trademarks, trade names, domain names, trade secrets, copyrights, or patents; (4) Claims for benefits under workers’ compensation, state disability insurance, and unemployment insurance (5) Claims that are prohibited by law from being resolved through arbitration.
By agreeing to this Arbitration Provision, you knowingly waive the right to pursue any monetary damages through an administrative complaint and agree to seek such relief only through arbitration under this provision. Please note that this Arbitration Provision does not prohibit you from reporting or filing a claim or charge with any local, state or federal agencies. Nor does it excuse a party from initiating administrative claims before any local, state or federal agencies where it is required by law, before initiating a claim through arbitration.
In addition to the severability provisions stated in section (d) above, if any part of this Arbitration Provision is found to be illegal or unenforceable, that part will be severed, and the remaining Arbitration Provision will continue to be fully enforceable.
Tutor Doctor may offer information on other resources that may be useful to users as part of its service. Please note Tutor Doctor shall not be responsible or liable for any content, advertising, products, or other materials found on such sites or resources. The inclusion of third-party links or content by Tutor Doctor does not imply endorsement, sponsorship, or recommendation of those resources. When you leave the Website, you are subject to the policies of the new website, and Tutor Doctor cannot be held responsible for any damages or losses that may arise from your use or reliance on any third-party content, goods, or services available on or through any third-party website or resource.
(7) Prohibited Activities
You are prohibited from using the Website or the Service to engage in any illegal or immoral activities, such as defaming, abusing, harassing, stalking, threatening, or violating the legal rights of others (including privacy rights). Additionally, you are not permitted to engage in the following activities using the Website or the Service, among others:
- Transmitting, circulating, or distributing any material that is unlawful, abusive, vulgar, harmful, threatening, obscene, pornographic, libelous or otherwise objectionable;
- Transmitting any material that contains computer code, files, or programs that may harm or disrupt the functionality of any computer software or hardware, telecommunications equipment, or any other related device. This includes, but is not limited to, software viruses, trojan horses, worms, time bombs, and cancelbots;
- Transmitting any material that breaches any relevant federal, state, or local laws, rules, or regulations, including guidelines, policies, or procedures of any governmental agency, or that violates the intellectual property rights, including patents, trademarks, trade secrets, copyrights, or other proprietary rights of any individual or entity;
- Anything that would constitute fraud;
- Impersonating any entity or person, or falsely stating or otherwise misrepresenting your affiliation with a person or entity of the Tutor Doctor;
- Taking any action that hinders or interrupts the normal functioning of the Website or Service;
- Taking any action that hinders or disrupts other users from enjoying the Website or Service;
- Collecting or retaining any personal information about other users;
- Collecting or retaining any information about other users, including but not limited to email addresses or other contact information;
- Removing or modifying any material posted by another person or entity;
- Engaging in activities on the Website for the purpose of obtaining competitive intelligence Tutor Doctor, the Website, or any products or services offered through the Website, or for any other purpose that could be viewed as competitive with the Tutor Doctor or its affiliates.
By using the Website or the Service, you are bound to comply with all the relevant federal, state, or local laws, rules, or regulations, including any guidelines, policies, or procedures set by government agencies. You acknowledge that you are solely accountable for all your actions or inactions.
(8) Release / Indemnification
By using the Website and the Service, you consent to release Tutor Doctor, its members, managers, officers, employees, and agents from any and all liability and obligations that may arise from or relate to your use of the Website and the Service. If you are dissatisfied with the Website or the Service, or you disagree with any material provided on the Website or through the Service, your only option is to stop using them.
(9) Exclusion of Warranties / Disclaimer
You acknowledge and agree that your use of the Website and Service is at your sole risk. The Website, the Service, and any content provided by the Tutor Doctor are provided “as is,” “where is,” “as available,” “with all faults,” to the maximum extent permitted by law, and you assume all risk by using them. While the Tutor Doctor endeavors to provide accurate information on the Website and through the Service, no warranties of any kind are given regarding the Website, the Service, or the content provided by the Tutor Doctor, whether posted or otherwise made available on the Website or through the Service. Additionally, the Tutor Doctor does not guarantee the accuracy, completeness, currency, or reliability of any Tutor Doctor content, or that the use of the Website or the Service or any Tutor Doctor content will be accurate or reliable, or that the quality of the Website or the Service or any Tutor Doctor content will meet your expectations. The Tutor Doctor explicitly disclaims all warranties, representations, conditions, undertakings, or other obligations, including any implied warranties of merchantability, fitness for a specific purpose, non-infringement, or any warranty that the Website, the Service, or Tutor Doctor content will be free of errors or that any errors will be corrected.
You assume all responsibility and risk for downloading or otherwise obtaining any Tutor Doctor content or material through the use of the Website or the Service, and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.
(10) Limitation of Liability
You acknowledge and agree that Tutor Doctor will not be held liable for any direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages, including but not limited to, damages for loss of profits, goodwill, use, date, or any other intangible losses (regardless of whether or not Tutor Doctor was made aware of the possibility of such damages) related to: (i) the Website; (ii) the Tutor Doctor content; (iii) your use of, inability to use, or performance of the Website; (iv) the cost of acquiring substitute products or services as a result of your inability to access or use any products, information, data, or services purchased or obtained, or messages received or transactions entered into, through or from the Website or the Service; (v) unauthorized access to or the alteration of your transmissions or data; (vi) any errors or oversight in the operation of the Website; (vii) any harm caused to a user’s computer mobile device, or any other technology as a result of using the Website; or (viii) any other matter relating to the Website or the Service. In any event, the total liability of Tutor Doctor to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you (if any) for accessing the Website or the Service.
Please note that some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some or all of the above limitations may not apply to you.
You are not permitted to transfer this Agreement to any other party without obtaining prior written consent from Tutor Doctor. However, your assignees, heirs, and personal representatives are still bound by the terms and conditions of this Agreement.
(12) Term and Termination
Tutor Doctor reserves the right to terminate this Agreement at any time for any reason with immediate notice to you, in addition to any other termination or suspension method provided in the Agreement. If Tutor Doctor terminates your access to the Website, removes Content or sells any products, Tutor Doctor shall not be liable to you or any third-party. You may terminate this Agreement at any time by discontinuing all access to the Website and notifying Tutor Doctor thereof. Termination of this Agreement does not affect any rights or relief that Tutor Doctor is entitled to. Upon termination of the Agreement, you must cease all use of the Website and Content provided. No refund of fees or charges, if any, will be issued in the event of termination.
(13) Governing Law
If you suspect that your work has been used in any way that constitutes copyright infringement, you should contact Tutor Doctor’s legal team at the email address provided above and provide the following information:
- A signature, either electronic or physical, of the copyright owner or an authorized representative acting on behalf of the copyright owner
- Contact information of the copyright owner including your address, email address and telephone number
- A detailed description of where on the Website this infringed work/material is located
- Give consent to Tutor Doctor to find the alleged infringed work/material
- A statement affirming your belief, made in good faith, that the contested use of the copyrighted material is not authorized by the owner of the copyright, their agent, or the law.
- a statement in your notice, made under penalty of perjury, affirming the accuracy of the information provided and your authority as the copyright owner or authorized agent acting on behalf of the owner.
Please Note: If copyright owners and agents fail to meet all the requirements stated above, it may render the DMCA notice invalid.