Welcome to www.online-tutors.us (“Online-tutors.us ” or “Site”), the web site that is a platform for on- line
advice and professional consulting services. Online-tutors.us is owned and operated by info@online-tutors.us,
(“Online Tutors”). The specific features and functionality of the Site are to be determined solely
by Online Tutors and are subject to change or termination without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO
ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between a user of Online-Tutors.us services
(“You” or “Member”) and Online-tutors. By clicking the “Yes” button and then the “Continue” button to
submit the Member registration form, a binding agreement will be executed between you and Online-tutors.
The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be
bound by this Agreement, click the “No” button. In such case you will not be able to register as a Member at
Online-tutors.
By registering as a Member and agreeing to the terms and conditions of this Agreement, you also are
agreeing to the terms of the Online-tutors Privacy Policy which is incorporated into this Agreement.
Definition of Service
Online-tutors.us provides a platform where Members can locate an Expert and ask for advice or services.
Online-tutors will enable a Member to negotiate and communicate with Experts and to pay for services provided
by such Experts. Online-tutors makes no representation or warranty whatsoever as to (a) the willingness
or ability of any Expert to give advice, (b) whether the Member shall find the advice given by an Expert
satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question,
or (d) whether the Expert advice will otherwise be suitable to his or her needs. Online-tutors does not verify
the skills, degrees, qualifications, credentials or background of any Experts. Therefore, Member is
encouraged to independently verify the skills, degrees, qualifications, credentials and background of those
Experts from whom he or she receives or contemplates to receive advice or services.
Online-tutors does not refer, endorse, recommend, verify, evaluate or
guarantee any advice, information, or other services provided by Experts, and nothing shall be considered
as a referral, endorsement, recommendation or guarantee of any Expert. Online-tutors does not warrant the
validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything
said or written by its Experts or any advice provided, including any information contained in any Expert
listing. Online-tutors will not be liable for any damages sustained due to reliance by Member on such
information or advice provided by any Expert.
Interactions with Medical or Mental Health Professionals, Attorneys and other Experts
If a Member chooses to interact with aNY mental OR MEDICAL health professional, physician, attorney or other professional expert on the Site, the Member relationship (as with all other Experts) is strictly with the professional. Online-tutors is not involved in any way with the substance of that relationship or the advice or information given therein, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH EXPERT.
The advice or information provided by professional experts is provided for informational purposes only and cannot be considered a substitute for professional advice. Without limiting the previous statement, advice or information provided by medical health professionals or physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor. Members should not rely solely on advice provided by medical health professionals or physician Experts on the site. Online-tutors strongly recommends that a Member seeking mental health or medical advice make an appointment for an examination in person with qualified professionals.
Online-tutors does not endorse or recommend any mental health professional, medical professional, physician, attorney or other professional or Expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician, attorney or other professional Expert with the applicable state licensing Board or authorities in the expert’s state or country.
Member acknowledges no Experts are employees or agents of Online-tutors and Online-tutors assumes no responsibility for any act or omission of any such Expert. Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Expert may have been accessed through the Site, Online-tutors cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional, physician, attorney or other Expert through the Site and to continue to interact with the medical or mental health professional, physician, attorney or other Expert, and that the role of Online-tutors is strictly limited to providing access to such professionals and other Experts and their services for Member's consideration.
Member hereby releases and agrees to hold harmless Online-tutors , its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians, attorneys or any other Experts accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY
CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR
COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL
SERVICES.
Opinions of the medical or mental health professionals, physicians, attorneys and other Experts are solely their opinions, and not those of
Online-tutors . Online-tutors does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys or other Experts.
Online-tutors does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
Member should independently verify the qualifications, experience and credentials of any Expert engaged by Member.
Content
Online-tutors.us may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, Online-tutors.us operates bulletin boards pursuant to which Experts may answer questions regarding various topics. As noted above,
Online-tutors does not warrant the validity, accuracy, or availability of the content and Expert advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via Online-tutors.us cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on Online-tutors.us and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
Disclaimer of Warranty and Limitation of Liability
MEMBER ACKNOWLEDGES AND AGREES THAT THE ONLINE-TUTORS.US SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS ONLINE-TUTORS IN RESPECT TO ONLINE-TUTORS ’S EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF ONLINE-TUTORS.US IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, ONLINE-TUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
ONLINE-TUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF ONLINE-TUTORS.US , MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS ONLINE-TUTORS , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. ONLINE-TUTORS WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH ONLINE-TUTORS.US . THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL ONLINE-TUTORS , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. ONLINE-TUTORS , ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH ONLINE-TUTORS.US IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT ONLINE-TUTORS DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD ONLINE-TUTORS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
ONLINE-TUTORS WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH ONLINE-TUTORS.US , THE MEMBER HEREBY RELIEVES ONLINE-TUTORS , ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Member Agreement
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
- You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
- The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Member's Conduct:
You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Online-tutors.us you will act according to the following rules and agree to the following:
- Member will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert;
- In addition, Online-tutors cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts;
- Online-tutors is not involved in any transactions between Member and Expert. Online-tutors does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Experts.;
- Member agrees that any information or content that he or she posts or transmits or receives through Online-tutors.us will not be considered confidential. Member grants Online-tutors.us an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
- Member consents to Online-tutors.us collecting and processing any personal information, as per the terms of Online-tutors’ Privacy Policy
- All interactions between Member and Expert will be billed through Online-tutors regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing Online-tutors.us and to pay Online-tutors for all services rendered to Member by Experts;
- Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count towards the expert's public ratings and rating average. Online-tutors may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings posted for paid sessions with a fee lower than any newly set minimum fee. Online-tutors also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
- Member will not to interfere with or disrupt the Online-tutors.us servers or networks connected to the Site;
- Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
- Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
- Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Online-tutors;
- Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- Online-tutors enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
- Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
- Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy; and;
- Online-tutors may review the Member's personal profile and amend any typing or spelling errors. Online-tutors cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, ONLINE-TUTORS may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, ONLINE-TUTORS may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Online-tutors.us , including reliance on its accuracy, reliability or legality.
Member and Online-tutors Fees
Online-tutors will use reasonable efforts to process the payments due from the Member according to the terms
agreed upon between Member and an Expert within seven (7) working days from the execution date of each transaction.
Member is obligated to report to Online-tutors in cases when he or she was billed directly by an Expert
(i.e. not through Online-tutors). Such report should include a description of the service that was rendered by
the Expert and the price charged.
Time charges to Members are based on increments of a minute as measured on Online-tutors’ servers.
Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges.
Online-tutors’ billing system is not fault-free or flexible; therefore Online-tutors shall not be liable for
any problems, miscalculations or malfunctions in processing the payments owed by the Member.
If the Member thinks that a mistake has occurred he or she may send his or her complaint to accounting@Online-tutors.us
User Name and Password
When you, the Member, create and open an account with Online-tutors, you will be asked to provide a
user name and password. You are entirely responsible for maintaining the confidentiality of your password
and user name and any other security information related to your account. You will be fully responsible for all
activities that occur under your account, user name or password. You may not use the account, username or
password of someone else at any time. You will immediately notify Online-tutors of any unauthorized use of
Member's password, user name, e-mail, or any other breach of security. Online-tutors encourages Member to
change their password at least once a month. Online-tutors will not be liable for any loss that you incur as
a result of someone else using your account or your password, either with or without your knowledge.
You may be held liable for any losses incurred by Online-tutors due to someone else’s use of your account
or password.
Privacy
Member Information.
Member does not have to furnish the information required for registration to Online-tutors.us.
However, without that information Member will not be able to use the services of Online-tutors.us.
Online-tutors Inc. is the sole owner of the information collected on this Site. Online-tutors will not sell,
share, or rent this information to others in ways different from what is disclosed in this Agreement.
By consenting to this Agreement, you agree and acknowledge that Online-tutors may collect, process,
and transfer any information, private or otherwise, so long as Online-tutors does so for the purpose for
which it was collected.
In order to use Online-tutors.us, both Members and Experts must first complete a registration form.
During registration the Member is requested to furnish contact information, such as name and email address.
This information may be used to contact the Member about the services on Online-tutors.us in which he or she
has expressed interest, and is also used as Member's login information. Member may be asked to provide additional
personalized information (such as experience and qualifications, areas of interest, profession, education, etc.)
and unique identifiers (such as a screen name), so Online-tutors may provide a more personalized experience
on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member during the registration process will be kept in Online-tutors’ database.
Online-tutors will use reasonable means to protect the integrity and safety of the database. However,
such means are not fault-proof and Online-tutors will therefore not be liable for any direct, indirect,
consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database.
Member consents to Online-tutors collecting and processing Member’s personal information for normal business use
by Online-tutors.
Member Communications.
Online-tutors does not screen or edit the content of communications between Experts and Members, but
Online-tutors may copy, transmit and review communications conducted by or through Online-tutors.us for technical
support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal
and private unless both the Member and the Expert agree to other distribution, for example,
by posting questions or services on the Public Board (described later). Currently, chat communications between
the Member and Online-tutors’ servers are encrypted. Chat communications between the Expert and Online-tutors’
servers are also encrypted, but only if the Expert is using the most current version of Online-tutors’ software.
Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
Online-tutors makes public bulletin boards available to its Members. The Public Boards allow Members to
post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously.
A Member can also determine the length of time he or she wishes to have his or her question remain “in view” on
the Public Board. All postings, descriptions, etc. on the Public Board are public until Member enters into a
personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both
the negotiation phase and the actual relaying of service, are not available to other Online-tutors Members and
Experts, and are confidential between Expert and Member. Chat and e-mail communications between Members and Experts
are stored on Online-tutors servers for a certain amount of time and available for review by Experts and,
if a paid session, by Members.
Cookies.
Online-tutors makes use of cookies to store information. A cookie is a piece of data stored on the Member's
hard drive containing information about the Member. For instance, by accepting a cookie by Online-tutors.us,
the Member will not have to enter his or her login information (his or her email and password) every time
he or she logs into his or her account, thereby saving time while on Online-tutors.us.
If the Member rejects the cookie, he or she may still use Online-tutors.us; however, the Member will simply
have to login each time he or she visits the Site. Cookies can also be used to enable Online-tutors to track
and target the interests of the Member in order to enhance his or her experience on Online-tutors.us. Of course,
if the Member shares his or her computer with others, others may be able, with certain browsers or under
certain circumstances, to read the Member's communications with Experts and Online-tutors.us.
Online-tutors Use of Data.
Online-tutors uses IP addresses to analyze trends, administer the site, track a Member's movement, and
gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable
information in order to improve the Member's experience when using the Site. Online-tutors may also retain any
emails, letters, or other correspondence between the Member and Online-tutors to ensure quality control and
the best possible service, although it has no obligation to do so.
Online-tutors may use the information furnished by the Member, as well as information that it collects
regarding use patterns and transactions that are conducted through Online-tutors.us, in order to improve
Online-tutors.us, to analyze statistical information regarding Online-tutors.us, and to furnish such statistics
to third parties, including advertisers. Information furnished to third parties will not identify the
Member personally.
Online-tutors may from time to time send e-mail advertisements to Members, whether the material is its own
or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having
his or her information used for purposes not directly related to Online-tutors.us at the point when Online-tutors
asks for such information. Online-tutors’ registration form has an 'opt-out' mechanism to allow for removal from
newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure
from within the Member's Online-tutors account.
Ratings and testimonials provided by Members on Online-tutors.us are public and are identified by the
Member's Screen Name. If the Member elects to use Online-tutors’ referral service for informing a friend
about the Site, Online-tutors asks the Member for the friend's name and email address. Online-tutors will
automatically send the friend a one-time email inviting them to visit the Site. Online-tutors stores this
information for the sole purpose of sending this one-time email. The friend may contact Online-tutors at
service@Online-tutors.us to request the removal of this information from its database.
Online-tutors reserves the right to partner with another party to provide specific services.
When the Member signs up for these services, Online-tutors will share names, or other contact information
that is necessary for the third party to provide these services. These parties are not allowed to use
personally identifiable information except for the purpose of providing these services or as otherwise
specified in the registration process for such services.
Online-tutors may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice,
to any other subsidiary of Online-tutors’ holding company, Online-tutors’ subsidiaries and, in any case of merger
or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify
Online-tutors’ privacy policy. Online-tutors may divulge to a third party personally identifiable information
and transaction details according to a judicial writ, demands of governmental authorities, and in any legal
proceedings between Online-tutors and the Member. In addition, Online-tutors may disclose personally identifiable
information to the Expert or to public authorities to deal with emergency situations or situations where
the Member's safety may be in jeopardy.
Online-tutors may, in its discretion, create co-branded web sites with its partners. In such case, the
Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable
information is stored solely by Online-tutors. Online-tutors does track and record an affiliate web site from
which a visitor has linked to Online-tutors.us . If a visitor registers to become an Expert and/or a Member,
Online-tutors may track the partner website's name in order to further the relationships Online-tutors
has with its affiliates.
General.
If a Member wishes to update his or her personally identifiable information, such as a mailing address,
or if a Member no longer desires Online-tutors’ service, Online-tutors will endeavor to provide a way to correct,
update or opt-out of any of Online-tutors' services. This can usually be done from within the Member's Online-tutors
account, or by emailing our Customer Support at service@Online-tutors.us .
If the Member has any questions about Online-tutors’ privacy statement, the practices of Online-tutors.us,
or your dealings with Online-tutors, please contact: service@Online-tutors.us, or call:9738568108
Links
Online-tutors.us may contain links to web sites operated by third parties. Online-tutors has no control over
such sites and the information provided in them. The Member acknowledges and agrees that Online-tutors is not
responsible for the availability of such third party web sites and will not be responsible or liable for any
content, advertising, products, privacy policy or other materials contained therein. The Member warrants and
agrees that Online-tutors will not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any such content, products or services
available on or through any third party web sites. Online-tutors encourages the Member to be aware when he or she
leaves Online-tutors.us and to read the privacy statements of each and every web site that collects personally
identifiable information.
Advertisements
Online-tutors may include in Online-tutors.us advertisements on its own behalf or paid advertisements on
behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted
to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Online-tutors is not liable for the privacy practices of advertisers
or the content of their web sites, information, messages or offers. The Member is wholly liable for all
communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Online-tutors.us
Online-tutors reserves the right to modify or discontinue, temporarily or permanently, the services
in Online-tutors.us, with or without notice to Member. Member agrees that Online-tutors shall not be liable to
Member or any third party for any modification or discontinuance of Online-tutors.us services, or for any losses
or damages that may result to Member from such discontinuation or interruption of service.
Online-tutors' services depend on various factors such as software, hardware and communications networks of
Online-tutors, its contractors and suppliers. Hence, Online-tutors cannot guarantee that Online-tutors.us
service will be uninterrupted or that it will be timely, secure or error-free.
Online-tutors, in its sole discretion and for any reason, may terminate Member's participation in Online-tutors.us
and refuse any and all current or future use by Member of Online-tutors.us .
Intellectual Property
Online-tutors is the sole owner of all the intellectual property, and in particular the copyright,
trademarks, database and patents, in Online-tutors.us and in any software, application, graphics, text and other
materials used therein, including the organization and selection of the materials contained therein.
Online-tutors.us contains copyrighted material, trade secrets and proprietary information owned by Online-tutors.
This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks
(whether registered or unregistered), domain names or any other rights, functions or licenses in respect of
Online-tutors.us . The Member may not create derivative software based upon any trade secret, intellectual property
or proprietary information of Online-tutors. Furthermore, the Member may not sub-license, assign, transfer, sell
or make any other commercial use of his or her membership in Online-tutors.us .
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused
with that of Online-tutors' and Online-tutors.us, or take any other action that infringes upon or impairs
Online-tutors' trademark rights.
Online-tutors shall retain all ownership in and to Online-tutors.us and all content displayed on Online-tutors.us,
including copies of data transferred or received by Member through the Site.
Copyright Policy:
Online-tutors respects the intellectual property of others, and we ask our users to do the same.
Online-tutors may, in appropriate circumstances and at its discretion, terminate the account or access of
users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide
Online-tutors' Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (
web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Site,
including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Online-tutors' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Limited License
Online-tutors grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy,
modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof,
or breach this Agreement.
Indemnification
Member shall indemnify, defend and hold harmless Online-tutors , and its employees, representatives,
agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses
(including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim,
suit, action, or other proceeding brought against Online-tutors or such party, to the extent that such
claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation,
warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay
for services provided by any Expert; or (c) any materials that Member had posted to Online-tutors.us or transmitted
through it, and/or any content on Member's Web site or otherwise provided by Member.
Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile,
postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt
shall be deemed the date on which such notice is given.
No Assignment
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, w
hether voluntarily or by operation of law, without the prior, written consent of Online-tutors . Any purported
assignment by Member without the appropriate prior written approval will be null and void and of no force or
effect.
Modifications to this Agreement
Online-tutors may change this Agreement or any part hereof at any time according to its absolute discretion
and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently.
By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent,
legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any
third party as having, any authority to make any statements, representations or commitments of any kind,
or to take any action that shall be binding on the other, except as provided for herein or authorized in writing
by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of
New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement
will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will
inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire
agreement between Online-tutors and Member with respect to the subject matter hereof, and Member has not relied
upon any promises or representations by Online-tutors with respect to the subject matter except as set forth herein.
Online-tutors.us services are not open to Members who live in a country that is prohibited by law, regulation,
treaty or administrative act from entering into trade relations with the United States.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Violation
The Member may report any violation of this Agreement to service@Online-tutors.us .