PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE TERMS (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS CONTAINED HEREIN) AND ACCEPT ALL OF THEM. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH TUTORBUZZ THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
This Terms of Use Agreement ("Agreement") sets forth the terms and conditions governing your use of any TutorBuzz platform and/or phone application ("Platform"). This Agreement is entered into by and between TutorBuzz LLC, a California limited liability company, with a principal place of business at 185 Black Mountain Cir, Fremont, California 94536 (“TutorBuzz” or “Company”), and the entity agreeing to these terms (“You”). The Agreement governs your use of any of the TutorBuzz products, features and services (“Services”) provided on the Platform. This Agreement is effective as of the date you click the “I Accept” button below or, if applicable, the date this Agreement is countersigned (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) You have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (b) You have read and understand this Agreement; and (c) You agree, on behalf of the party that You represent, to this Agreement. If You do not have the legal authority to bind Your employer or the applicable entity, please do not click the “I Accept” button below (or, if applicable, do not sign this Agreement). This Agreement governs Organization's access to and use of the Services (as defined below).
For the purposes of this Agreement, “User” means anyone who accesses and/or registers for our Services, including without limitation students, tutors, educators, or other users. "Tutor" means expert in a subject area, and anyone who provides answers, online courses, instruction, tutoring and learning services through our Platform.
Registration and Security
To use some aspects of the Services, you may be required to sign up for an account, and select a password and user name. If you are accessing the Services through a third party site or service (such as “Facebook” or “Google”), we may require that your user name be the same as your user name for such third party site or service. You agree to provide us with accurate, complete, and updated registration information about yourself. TutorBuzz reserves the right to deny the use of certain user names on its Platform for any reason. You may not transfer your account to anyone else without our prior written permission. You may only create one account with us. If your account has been suspended or terminated, you may not open another account with us. If you access the Services through a third party site or service, they will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your TutorBuzz account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
Eligibility
You represent and warrant that you are of legal age to form a binding contract with TutorBuzz, or, if not, you have received permission from your parent or guardian to access the Platform and use the Services. If you are the parent, guardian, or other responsible person for a U.S. resident child under the age of 13 who accesses the Services and agrees to the terms of this Agreement, you agree to stand in the shoes of such child for the purposes of making Company whole in case of damages or indemnification that the child could be liable for, if not for his or her age. The Services are not intended for use if you are a child under the age of 13 without a parent, guardian, or equivalent, reviewing and consenting to this Agreement. If you are not a U.S. resident, you must be of legal age (or be under the required supervision) of consent to open an account under the laws of your country of residence.
Permitted Use
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. Certain course materials, notes, graphics, data, articles, expert answers, or other miscellaneous tutoring materials (“Content”) may be made available to you over the Platform. You are solely responsible for any content that you post, upload, transmit, or otherwise make available on the Platform ("User Content"). You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize TutorBuzz to use your User Content as necessary to provide the Services. You may not resell or make any commercial use of the Services or any Content therein, other than any User Content not subject to an exclusive license for use by TutorBuzz or any other entity. Any Content you access through the Services is licensed, not sold to you, regardless of any use of the term “purchase” herein. If your use of the Services is prohibited by Applicable Laws, then you aren’t authorized to use the Services. TutorBuzz will not be held responsible for any unauthorized use of its Platform or Services or any use that violates any Applicable Laws.
Tutoring Services
The primary service of TutorBuzz is providing access to Tutors who teach online courses or provide instructional materials and/or tutoring. Tutors are not employees or agents of TutorBuzz. We solely facilitate the transaction between you and the Tutor. We are not involved in the conversation between you and Tutors and we do not refer you to or endorse or recommend particular Tutors. Emergency questions and crisis situations, particularly regarding medical or mental health issues, should be directed immediately by telephone or in-person to qualified professionals. The Services are not the appropriate venue to deal with such questions or situations.
In addition to the obligations applicable to all Users, you agree to the below terms if you sign up as, or consent to being, a Tutor through the Services.
You have the required qualifications, credentials and expertise to teach and offer the courses, instruction and materials that you agree to provide, and that any credentials you post are accurate, truthful, complete, and not misleading;
You will not use the Services for any business other than for providing tutoring, teaching and instructional services to registered Users;
You will not act as an employee or agent of TutorBuzz;
You will not engage in any activity that will require TutorBuzz to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
You will not interfere with or otherwise prevent other Tutors from providing their services or courses;
You will keep your Submissions up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service to Users;
If you are under the age of 18, but are qualified to be a Tutor, you will obtain parental or legal guardian permission as and when needed, and before registering with the Services; and
If you are in a jurisdiction where any form of instruction requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Services as a Tutor until such license, consent, authorization or permission has been obtained.
You will only use the tutor account associated with the tutor application you submitted and will not buy, sell, rent, lend, transfer, or borrow a tutor account;
You will not use a VPN, anonymous IP, or proxy when submitting your tutor application or when answering questions on the TutorBuzz platform;
You understand that if your tutor account is suspended, banned, or disabled for any reason, you will no longer be able to be a tutor on the TutorBuzz platform;
You will not, under any circumstance, misrepresent your identity, attempt to circumvent Company’s identity verification processes, or provide false or altered information, documentation, location information, or other credentials to TutorBuzz;
You understand that any breach of the tutor obligations listed herein may result in a termination of your account access and forfeiture of any rights associated with the Services.
You understand that when using the Services you will be exposed to User Content and communications from a variety of sources, and that TutorBuzz is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content and Communication that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TutorBuzz with respect thereto. TutorBuzz does not endorse any User Content provided by Tutors or Student Users, or any opinion, recommendation or advice expressed therein, and TutorBuzz expressly disclaims any and all liability in connection with Content and communications exchanged as a result of the Platform, whether directly or indirectly.
School Use
TutorBuzz may make available certain features and tools that permit Users registered as teachers, school leaders, aides, tutors or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:
Limitations on Use: The Services and Platform are provided to you for educational purposes to enable the provision of peer-to-peer learning, by matching tutors (teachers, aides, or other students) to students. You must use the Services and the Platform in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Platform, or access to the Services or Platform.
Responsibility for Consent and Notices: School Personnel and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to Student Users and their parents regarding the School Users' use of the Services, our Terms of Use, and our Privacy Policy. You agree to be bound by these Terms on behalf of the Student User, for so long as the Student User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A “STUDENT USER”) OR DIRECT A STUDENT USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH STUDENT USER’S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO TUTORBUZZ THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Specifically you agree, individually and on behalf of the Institution, that:
You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all
other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
You assume sole responsibility (and hereby agree that TutorBuzz is not responsible for) for providing appropriate notices and disclosures to students using TutorBuzz for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law.
You assume sole responsibility (and hereby agree that TutorBuzz is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use, and disclosure of personally identifiable information to TutorBuzz in connection therewith. You represent and warrant to TutorBuzz that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and
under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.
We refer to this as "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify TutorBuzz to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will TutorBuzz be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
Prohibited Conduct
You agree not to:
Use the Platform for any illegal or unauthorized purpose;
Post, upload, transmit, or otherwise make available any User Content that is false, misleading, fraudulent, or offensive;
Interfere with or disrupt the operation of the Platform or its servers;
Use the Platform to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Violate any applicable laws or regulations.
Force Majeure
Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This Section will not, however, apply to your payment obligations under this Agreement.
Intellectual Property
The Platform and its content, including but not limited to text, graphics, logos, and software, are the intellectual property of TutorBuzz or its licensors. You may not use, reproduce, or distribute any content from the Platform without TutorBuzz's prior written consent.
Term
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
Termination By TutorBuzz
TutorBuzz, in its sole discretion, may terminate your access to the Platform at any time for any reason, with or without notice, and without penalty. Upon termination, your right to use the Platform shall immediately cease. TutorBuzz may also: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with TutorBuzz or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. TutorBuzz may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that TutorBuzz will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TutorBuzz may have at law or in equity. As discussed herein, TutorBuzz does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of TutorBuzz in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services. Terminating the Agreement does not relieve you of any obligations accrued prior to the date of termination, such as pending payments.
Termination of Institution and School Personnel
Certain Users (e.g., Institutions and School Personnel) may terminate these Terms with respect to their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section. Institution or School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us, provided, however, that TutorBuzz may require satisfaction of certain pending payments and obligations before Institutions can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, TutorBuzz may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of continuing tutoring services.
Changes
TutorBuzz reserves the right to change the Terms of This Agreement and other Company/User policies. If TutorBuzz changes any such section after the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use), it will notify you. You agree that your continued use of Services will be deemed acceptance of those changes. If you do not agree to such changes, you may reject any such changes by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. In order to be effective, the notice must include your full name, address, TutorBuzz username, the email address you currently use to access your TutorBuzz account and clearly indicate your intent to reject changes to such sections. TutorBuzz reserves the right to terminate your account and/or its Services to you if you reject any lawful changes to its Terms or policies.
Disclaimers and Limitations of Liability
The Platform and its services are provided on an "as is" and "as available" basis. TutorBuzz does not guarantee the accuracy, completeness, or reliability of the Platform or its content. You use the Platform at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUTORBUZZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TUTORBUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TUTORBUZZ'S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO TUTORBUZZ, IF ANY, FOR USE OF THE PLATFORM.
Survival of Terms
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
General Disclaimer
The Services provide a marketplace of Users and Tutors. We don’t hire or background check Tutors, we aren’t responsible for reviewing Content for accuracy, reliability or appropriateness, nor are we responsible or liable for any interactions between Users and Tutors. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Users or Tutors, including, but not limited to, any User’s reliance upon any information provided by a Tutor. You understand that by using the Services you may be exposed to Content that is offensive, indecent, or objectionable. You hereby agree to hold TutorBuzz harmless from and against any and all claims that you may have arising out of your access or use of any Content, or Services.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against TutorBuzz or against any director, officer or employee of TutorBuzz in their personal capacity) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TUTORBUZZ ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the Northern District of California.
Indemnification
You agree to indemnify and hold TutorBuzz and its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with your use of the Platform or your violation of this Agreement.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous
This Agreement constitutes the entire agreement between you and TutorBuzz regarding your use of the Platform. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
Contact Us
If you have any questions or concerns about this Agreement, please contact us at support@tutorbuzz.com.