Use of our services is void where prohibited. Access or use of our Services by anyone under the age of majority is prohibited and requires consent to this Agreement by a responsible adult, parent, or legal guardian.
By using our Services, you represent that you have not been involved or been the subject to any criminal or legal action, including but not limited to: 1) misdemeanor or felony criminal convictions; 2) civil or criminal restraining orders; 3) registration as a sex-offender; 4) or any pending legal action involving violence or moral turpitude offenses.
Students under the age of majority shall not participate in a tutoring session, unless a responsible adult, parent, or legal guardian is present. Likewise, Tutors shall not provide lessons to Students under the age of majority unless a responsible adult, parent, or legal guardian is present.
3. HOW THE SERVICE WORKS
HeyTutor is an online marketplace where Tutors and Students can connect. At HeyTutor, Tutors are independent contractors hired by Students. Students are free to access a large database of Tutors filtered by location and subject, and Tutors are able to create a custom profile, set their own rates and policies, and browse for nearby jobs. After each session Tutors are reviewed by HeyTutor Students, creating an online marketplace built on trust and driven by positive results. HeyTutor cuts out the middleman and allows Students and Tutors to connect with each other.
4. INDEPENDENT CONTRACTOR STATUS
HeyTutor’s services are separate and distinct from the services of the Tutors. You acknowledge that Tutors are not employees or agents of HeyTutor, but are independent contractors who operate as a distinct entity from HeyTutor. As such, we do not endorse the Tutors, their manner of service to you, exercise no control over your relationship with the Tutor, and do not warrant your safety or service of any Tutor. Students are responsible for carefully hiring Tutors.
5. CODE OF CONDUCT
Use our Services for any unlawful purpose;
Transmit any content, language, imagery, or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property rights;
Transmit any material, non-public information about companies without the express authorization to do so;
Transmit any advertisements, solicitations, or any other unsolicited commercial communication except as otherwise expressly permitted by HeyTutor;
Engage is spamming or flooding;
Be disruptive in any tutoring lesson;
Engage in any communication related to sexual conduct or profanity;
Transmit any software that contain any viruses, malware, Trojan horse, or any other material that disrupts and causes harm;
Solicit any Tutor for work with or for another company for employment and independent contractor services;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or our Services;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Permit anyone whose account was terminated to use our Services through your account or transfer your account to another party without our consent
Use of our Services may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
6. FINANCIAL TERMS
HeyTutor collects payment from Students and distributes it to Tutors. Students must maintain a valid and verified form of payment with HeyTutor in order to facilitate payment to Tutors. Tutors must comply with the payment terms as provided for the Independent Contracting Agreement.
Students must maintain a valid form of payment with HeyTutor in order to facilitate payment to Tutors.
7. BACKGROUND CHECK
HeyTutor does not confirm nor deny the validity of information and content provided by Students and Tutors, including their eligibility. It is the User’s responsibility to conduct any background check of other Users.
Students can purchase background checks on Tutors through our partner GoodHire (www.goodhire.com), which checks the National Criminal Records, Social Security Number Trace, Address History Trace, Sex Offender Watch List, and Terrorist Watch List, amongst others. Tutors must consent to a background check or be removed from Company’s site. After review of the background report, Company may remove Tutor from the site.
8. MOBILE TEXT (SMS) NOTIFICATIONS
Company offer Tutors a chance to enroll in text message alerts to receive a text notifications regarding various items, including messages from Students. You will have an opportunity to confirm the service by providing your phone number and replying YES to the message received. You may cancel the service by texting STOP or opting out in the website.
HeyTutor does not charge separately for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone.
9. GENERAL DISCLAIMER
HeyTutor disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within information posted or provided by Users. We assume no responsibility for ensuring compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.
Our Services may give you access to links to third-party websites ("Third Party Sites"), either directly or through Providers. We not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
Please carefully select the type of information that you post on the Website or release to others using our Services. We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that Users may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services.
We disclaim all liability, regardless of the form of action for the acts or omissions of Users, whether such acts or omissions occur during the use of the website, our services or otherwise.
Our website, content, submitted content, courses, and any other materials made available on or through the use of our services are provided “As Is,” without any warranties of any kind and, to the fullest extent permissible under applicable law, we hereby disclaim all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
10. ARBITRATION AND GOVERNING LAW
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and HeyTutor, except as otherwise stated in this Agreement.
B. Agreement to Arbitrate
I. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and HeyTutor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and HeyTutor agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
II. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except as prohibited by law.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, written Notice of Dispute ("Notice"). The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. The Notice to HeyTutor should be sent to HeyTutor, Attn: Litigation Department, Re: Notice of Dispute, HeyTutor LLC, 12327 Santa Monica Blvd. Los Angeles, CA 90025. HeyTutor will send any Notice to you to the physical address we have on file associated with your HeyTutor account; it is your responsibility to keep your physical address up to date.
If you and HeyTutor are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or HeyTutor may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to HeyTutor at the following address: HeyTutor LLC, 12327 Santa Monica Blvd. Los Angeles, CA 90025. In the event HeyTutor initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your HeyTutor account. Any settlement offer made by you or HeyTutor shall not be disclosed to the arbitrator.
The arbitration hearing shall be conducted at a location which is reasonably convenient to both parties. If the value of the relief sought is $10,000 or less, you or HeyTutor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and HeyTutor subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or HeyTutor may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same HeyTutor user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
III. Costs of Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse HeyTutor for all fees associated with the arbitration paid by HeyTutor on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement will continue to apply.
V. Future Amendments to the Agreement to Arbitrate.
C. Judicial Forum for Legal Disputes.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and HeyTutor must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and HeyTutor agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
11. RELEASE AND INDEMNIFICATION
In the event that you have a dispute with one or more members or other users of our services or any third party website that may be linked to or from or otherwise interact with our services, including without limitation any social media site, you hereby agree to release, remise, and forever discharge HeyTutor and our respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements or any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website and our services.
Unless otherwise prohibited by law, you waive California Civil Code Section 1542, which provides, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You hereby agree to indemnify, defend and hold HeyTutor and our respective agents, directors, officers, employees, and all other related persons or entities (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the website, our services or otherwise relating to the business we conduct (including, without limitation, any potential or actual communication, transaction or dispute between you and any other member or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any services or service provided by a third party provider, any use of a tool or services offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent. This section survives termination of this agreement.
12. RIGHT TO USE YOUR CONTENT
HeyTutor may use contents submitted users, including pictures, profile content, and reviews, among other things in a number of different ways, including to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works. You agree to irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. As such, you irrevocably waive, and cause to be waived, against HeyTutor any claims with respect to your content.
13. COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
14. PROPRIETARY INFORMATION
HeyTutor contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
15. ENTIRE AGREEMENT
If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns.