This Tutor and Student Covenant (“Covenant”) is a legal agreement between you ("You") and Christian Tutors of America, LLC., a California limited liability company ("Company" or “we”) for use of the Company website, the servers used by either the website or application, the computer files stored on that server, and all services, features and content offered by the Company (collectively, the "Service").
When we say “You” we are referring to anyone who uses the Service. When we say “Students,” we are referring to users who are students (or their parents or legal guardians) who are seeking tutoring services, and when we say “Tutors” we are referring to users who are seeking to provide tutoring services through the Service.
1. These Terms Are Binding
Please read this Covenant carefully. By creating an account or accessing or using the Service, You acknowledge that You accept and agree to be bound by the terms of this Covenant. If you do not agree to these terms, you may not access the Service. We may modify this agreement from time to time. Any amended terms automatically take effect seven days after they are initially posted on the website. Your use of the website following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the website of modifications is adequate notice.
2. How the Service Works
You may use the website as a Student seeking tutoring or as a Tutor offering tutoring. Tutors are independent contractors hired by Students. Tutors control the means, methods, techniques, and materials for the lessons. Students (not the Company) decide which Tutor with whom they want to contract. For Students who are minors, their parents or legal guardian must make contracting decisions, and all tutoring sessions must be supervised by a responsible adult.
3. How to Start
If You are a Student, You covenant and make these promises:
If You are a Tutor, You promise and covenant and make these promises:
You covenant and promise that You will use the Service for the facilitating of learning and not for cheating. Tutors are not permitted to complete assignments, write papers, or otherwise do work on behalf of Students. The policies of each Student’s school will be followed.
5. Your Limited Rights
The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Covenant. You covenant and promise not to use the Service for any purpose that is prohibited by this Covenant, or that is unlawful, or that in any way violates the proprietary rights of the Company. Company may revoke your license for any lawful reason or for no reason.
6. What You Can Add
You hereby grant Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.
Company does not guarantee that any User Content will be made available on the website or through the Service. Although Company has no obligation to monitor the website, Service, or User Content, Company reserves the right to review and remove or suspend material accessible by or transmitted through the Service that, in Company’s sole discretion, Company believes is in violation of the law, or this Covenant, or is unacceptable to Company.
7. Company May Investigate You
The Company may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("Consumer Reports"). Company does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. The Company does not independently verify information in the Consumer Reports. You hereby consent to the Company collecting, using and disclosing the information in the Consumer Reports. You consent that the Company may, in its sole discretion, review and rely on the information in the Consumer Reports in deciding whether to suspend or terminate a user or to investigate a complaint about a user, but that the Company shall not be responsible or liable in any way in the event that any information in the Consumer Reports about any person, including without limitation You, is not accurate, timely or complete. In situations that adverse decisions based on Consumer Reports are made, You will be provided with a copy of such Consumer Reports. If You are the subject of Consumer Reports, You may contact the service provider to dispute the accuracy, timeliness or completeness of such information. The Company reserves the right to suspend and/or terminate use of the website based on information in the Consumer Reports or for any other reason in the Company’s sole discretion.
8. Be Aware of Risks
There are risks in the use of this website. These risks include, but are not limited to, the risk of physical or emotional harm a Tutor may cause a Student or vice versa. Please do not enter a contract without adequately investigating the other party to the contract.
9. Business Transactions and Expenses
You covenant and promise to pay all amounts required by Company’s payment policies.
10. Protect Your Account Security
You covenant and promise that You will protect your personal data; keep confidential your user information and password; notify the Company immediately of any unauthorized use of your account or breach of your account information or password; and not hold Company liable for any loss that You may incur due to someone else using your username or password, either with or without your knowledge.
11. Other Websites
The Service may offer You links to third-party websites, including, but not limited to, third party verification services that enable You to inquire about information including but not limited to another Service user’s identity and criminal history. We provide such third party links to help You find potentially relevant resources, but we do not endorse any of these third party sites or services and we do not control them in any manner. It is entirely your decision what, if any, use You make of these links.
13. Service Modifications
From time to time and without prior notice to You, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and your use of the website and Service do not entitle You to the continued provision or availability of the website and Service.
14. Legal Stuff
a. You hereby agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Covenant, or your violation of any law or the rights of a third party.
b. The Company makes no representation that this website is appropriate or available for use in all locations. Service may not be available in your location, and available services may vary among locations. THE WEBSITE AND SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE AND SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
c. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, SERVICE, OR USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
d. Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN ORANGE COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action You may have with respect to your use of the website and Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings. This Agreement constitutes the entire agreement between You and the Company relating to their subject matter, and cancel and supersede any prior versions of this Agreement. You may not assign or otherwise transfer this Agreement or any right granted hereunder.
e. All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
f. BY USING THE SERVICE OR ACCESSING THE WEBSITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS COVENANT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.