UniversityTutor.com

UniversityTutor.com Web Site Terms, Conditions, and Notices

 

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This Web site, and all related websites and domains owned by UniversityTutor.com, henceforth referred to as "related websites", is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

 

PERSONAL AND NONCOMMERCIAL USE LIMITATION

 

This Web site is for your personal and noncommercial use. The content and information on this Web site (including, without limitation, price and availability of tutoring services), as well as the infrastructure used to provide such content and information, is proprietary to UniversityTutor.com or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your tutoring information (and related documents) for tutoring or services purchased through this Web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, whether or not you have a commercial purpose, you agree not to:

 

(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of University Tutor;

(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;

(iii) take any action that imposes, or may impose, in the discretion of UniversityTutor.com, an unreasonable or disproportionately large load on the UniversityTutor.com infrastructure; or

(iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any tutoring services) for any purpose without express written permission of UniversityTutor.com

 

COPYRIGHT AND TRADEMARK NOTICES

 

All contents of this Web site are: ©2010 UniversityTutor.com. All rights reserved. UniversityTutor.com, any other related websites and business names, and the UniversityTutor.com Logo are either registered trademarks or trademarks of UniversityTutor.com Other product and company names mentioned herein may be the trademarks of their respective owners.

 

LIABILITY DISCLAIMER

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNIVERSITYTUTOR.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

 

UNIVERSITYTUTOR.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY UNIVERSITYTUTOR.COM OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UNIVERSITYTUTOR.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

THE STUDENTS AND OTHER SUPPLIERS PROVIDING TUTORING OR OTHER SERVICES FOR UNIVERSITYTUTOR.COM ARE NOT AGENTS OR EMPLOYEES OR INDEPENDENT CONTRACTORS OF UNIVERSITYTUTOR.COM OR ITS AFFILIATES. UNIVERSITYTUTOR.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. UNIVERSITYTUTOR.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-SCHEDULING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

IN NO EVENT SHALL UNIVERSITYTUTOR.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF UNIVERSITYTUTOR.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

You agree to defend and indemnify UNIVERSITYTUTOR.COM, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by

 

(i) you or on your behalf in excess of the liability described above; or

(ii) by third parties as a result of

 

(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;

(b) your violation of any law or the rights of a third party; or

(c) your use of this Web site.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

LINKS TO THIRD-PARTY SITES

 

This Web site may contain hyperlinks to Web sites operated by parties other than UniversityTutor.com Such hyperlinks are provided for your reference only. UniversityTutor.com does not control such Web sites and is not responsible for their contents. UniversityTutor.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

 

SOFTWARE AVAILABLE ON THIS WEB SITE

 

Any software that is made available to download from this Web site ("Software") is the copyrighted work of UniversityTutor.com, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

 

For any Software not accompanied by a License Agreement, UniversityTutor.com hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.

 

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by UniversityTutor.com, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

 

TERMS, CONDITIONS AND WARRANTIES

Tax Recovery Charge

The tax charge on UniversityTutor.com tutoring transactions is a recovery of all applicable transaction taxes, if any, that UniversityTutor.com Tutoring pays to the vendors (e.g. students, etc.) in connection with your tutoring arrangements.

 

UniversityTutor.com is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to UniversityTutor.com and UniversityTutor.com remits such tax directly to the vendor. UniversityTutor.com is not a co-vendor associated with the vendor with whom we book or reserve our customer's tutoring arrangements.

 

Taxability and the appropriate tax rate vary greatly by location. UniversityTutor.com's actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.

 

UniversityTutor.com does not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon as these states do not impose a sales tax. Also, certain jurisdictions may impose additional tax or other type of transaction tax upon the tutoring services, etc. The type of tax charged by the vendor will vary by service and location.

 

Service Fee

These fees cover the costs incurred by UniversityTutor.com in servicing your tutoring reservation.

 

Tutoring Locations

Although most tutoring is completed without incident, tutoring at certain locations may involve greater risk than others. University Tutor urges customers to review warnings, announcements and advisories issued by the local authorities prior to booking tutoring at any location. Information on safety conditions at various locations and the level of risk associated with tutoring at particular locations can usually be found by contacting the local authorities.

 

BY OFFERING FOR SALE TUTORING AT PARTICULAR LOCATIONS, UNIVERSITYTUTOR.COM DOES NOT REPRESENT OR WARRANT THAT TUTORING AT SUCH LOCATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TUTORING AT SUCH DESTINATIONS.

 

SERVICE HELP

 

Click here for help with questions or problems with this Web site.

 

MODIFICATION OF THESE TERMS AND CONDITIONS

 

UniversityTutor.com reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of UniversityTutor.com facilities.

 

GENERAL

 

This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and UniversityTutor.com as a result of this agreement or use of this Web site.

 

UniversityTutor.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UniversityTutor.com's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by UniversityTutor.com with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

 

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and UniversityTutor.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and UniversityTutor.com with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

 

Any rights not expressly granted herein are reserved.

 

USE OF UNIVERSITYTUTOR.COM (AND RELATED WEBSITES) SEARCH FORM

 

The UniversityTutor.com Search Form feature of this Web site is provided solely to assist customers in determining the availability of tutoring-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the tutoring services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the tutoring services reservation facilities of this Web site may result in you being denied access to such facilities.

 

Separate terms and conditions may apply to your reservation and purchase of tutoring-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products or services. You understand that any violation of any such supplier and conditions of purchase may result in cancellation of your reservation(s) or purchase, in your forfeiting any monies paid for such reservation(s) or purchase, and in UniversityTutor.com debiting your account for any costs UniversityTutor.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

 

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