Terms of Use Applicable to School District Services
Effective Date: August 2023
Please read the following Terms of Use Applicable to School District Services (“Terms”) carefully. The Terms govern your use of the website located at www.heytutor.com (“Site”) and your use of the products, platforms, services, applications, and/or content offered by HeyTutor, Inc.(“School District Services”). We also refer you to our District Privacy Policy, which is incorporated by reference into these Terms.
By accepting these Terms on behalf of a school district or school (“Educational Institution”), you represent and warrant that you have the right, authority, and capacity to enter into binding contracts on behalf of the Educational Institution.
BY USING THE SCHOOL DISTRICT SERVICES OFFERED BY HEYTUTOR, YOU ACCEPT AND AGREE TO THESE TERMS AND THE DISTRICT PRIVACY POLICY.
The School District Services
HeyTutor provides an in-person and virtual tutoring service to Educational Institutions via the HeyTutor platform. The following Terms are applicable to and govern the use of the Site and School District Services by the Educational Institution and its students. HeyTutor shall provide the School District Services subject to a Master Services Agreement (“Agreement”) and Statement of Work. In the event of any conflict between these Terms and the Agreement, the Agreement shall control.
The Agreement shall include a description of the School District Services being provided by HeyTutor, the number of school sites authorized to use the School District Services (if known), a pricing and payment schedule, and other applicable terms. The Educational Institution shall be responsible for identifying the students that will utilize the School District Services, as well as obtaining the appropriate parental consents.
HeyTutor reserves the right to implement updates, enhancements, or modifications to the School District Services at any time and without notice to the Educational Institution. HeyTutor, however, will use reasonable efforts to inform the Educational Institution of any material updates that will negatively impact the Educational Institution.
Use of School District Services
The Educational Institution is responsible for the actions and activities of its students (“Student Users”) and shall ensure that its Student Users abide by the Terms and all relevant laws and regulations. The Educational Institution will use reasonable efforts to promptly notify HeyTutor upon learning of any unauthorized use or access of the School District Services.
To ensure the safety of all users, the Educational Institution and the Student Users agree not to use the School District Services to engage in the following behavior:
HeyTutor reserves the right to suspend an Educational Institution’s and/or a Student User’s access if HeyTutor has a reasonable basis for believing that there has been a violation of the Terms.
Intellectual Property
HeyTutor is, and shall be, the sole and exclusive owner of all right, title and interest in and to the School District Services, including all intellectual property rights therein. Subject to the terms of the Agreement between HeyTutor and the Educational Institution, HeyTutor hereby grants the Educational Institution a non-exclusive and non-sublicensable right and license to use the School District Services, without additional consideration. All other rights in and to the School District Services are expressly reserved by the HeyTutor.
Student Information and Data
Please see HeyTutor’s District Privacy Policy for all applicable terms related to student information and data, which is incorporated by reference.
Disclaimer of Warranties
HeyTutor makes no representation or warranty that the use of the School District Services will be uninterrupted or error-free. The School District Services provided by HeyTutor are provided on an “as is” and “as available” basis. HeyTutor neither promises nor guarantees any specific results from the use of the School District Services.
UNLESS PROHIBITED BY LAW, HEYTUTOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THE AGREEMENT. FURTHER, HEYTUTOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL HEYTUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED AS A RESULT OF THE SCHOOL DISTRICT SERVICES, OR SERVICE INTERRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH THE SCHOOL DISTRICT SERVICES OR THESE TERMS.
IN NO EVENT WILL HEYTUTOR’S LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE, EXCEED THE ACTUAL AMOUNTS PAID OR PAYABLE TO HEYTUTOR PURSUANT TO THIS AGREEMENT IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE FACTS GIVING RISE TO THE CLAIM.
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
The Educational Institution shall defend, indemnify and hold harmless HeyTutor and HeyTutor’s Affiliates and their officers, directors, employees, agents, successors and permitted assigns from and against all Losses resulting from bodily injury, death of any person or damage to real or tangible, personal property, which arises out of the Educational Institution’s use of the School District Services and is caused by the Educational Institution’s violation of these Terms and/or the Educational Institution’s intentional, willful or negligent acts or omissions. The indemnification obligations of this Section do not apply in the event the claim or cause of action is the result of HeyTutor’s sole or contributory negligence.
Changes to Terms of Use
HeyTutor reserves the right to update and amend these Terms of Use from time to time. Any changes will be effective when posted on our Site. Your continued use of our Site and/or the School District Services constitutes your acceptance of the revised terms.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
HeyTutor, Inc.
8939 S. Sepulveda Blvd. Suite 102
Los Angeles, CA 90045
(855) 702-1849
legal@heytutor.com
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These Terms of Use are effective as of the date first written above.