TERMS OF USE

TERMS OF USE

Terms of Use - Please read through these and click on "AGREE" at the end to be taken back to the Tutor Application Page.

Terms and Conditions of Use

RSVP of Montgomery County - MyFreeTutor.org

Following are the terms and conditions that govern your use of www.MyFreeTutor.org (the “Web Site” of  “Site”).

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RSVP OF MONTGOMERY COUNTY (“RSVP,” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE AND SERVICES.  BY VIEWING THE INFORMATION FOUND WITHIN THIS SITE, ITS DIRECTLY AFFILIATED LINKS, SUB-SITES OR BY DOWNLOADING PDF'S, TEXT, IMAGES AND/OR OTHER DIGITAL MEDIA FROM THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE WEB SITE.  IF YOU ARE A PARENT, GUARDIAN, OR OTHER PERSON WHO ENABLES A CHILD TO ACCESS THE WEB SITE, YOU AGREE TO STAND IN THE SHOES OF SUCH CHILD FOR THE PURPOSES OF MAKING US WHOLE IN CASE OF DAMAGES OR INDEMNIFICATION THAT COULD PROPERLY LIE AGAINST A CHILD, IF NOT FOR HIS OR HER AGE.

If you do not understand these terms and conditions, we urge you to consult with someone who can review them with you and assist in your understanding of this Agreement.

1. Services

Our Web Site enables students (“Student Users”) to connect with tutors (“Tutors”) who provide live, one-to-one instruction, tutoring and learning services in our proprietary online classrooms (“Services”).

As part of the Services, we require all Tutors to pass a third-party verification process (“Verification Service”).  The Verification Service will make reasonable efforts to confirm lack of criminal history.

We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or of the Tutors.

You are solely responsible for all service, communication and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

The Web Site is available throughout the year unless the Web Site is temporarily down for maintenance or upgrades.  Tutoring sessions and other Services are only available by appointment made through the program coordinator.

2. Privacy Policy

We are concerned about privacy and your privacy while accessing the site and using the Services. Please review our Privacy Policy on the site.

3. Registration/Account Activation Obligations

To use Our Services for the first time, even if you have been pre-approved, you are required to activate your account by entering your previously provided user name, selecting a password and providing your grade level.  You are solely responsible for maintaining the confidentiality of your password

You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security.  You must ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You may not transfer your account, username or password to another person, and you may not use anyone else's account, username or password at any time. In cases where you have authorized another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor or permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to comply with these Terms of Use.   If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

5. User Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, the Tutors or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of “fair use” under copyright law.

You agree that we may to record or listen all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services or any other means, such as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

6. Copyright

You acknowledge that the Web Site, the technology underlying the Web Site and Services (“Software”), and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site, the Software or the Services (collectively, the “Company Content”) are the proprietary works of us and/or our affiliated and/or third-party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

7. Confidential Information

You agree to safeguard the Company Content and the Services, including but not limited to user names and passwords provided to the Tutor for text book access, (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

8. Links

The site or the Services may provide external links to non-MyFreeTutor.org, World Wide Web sites or resources (“Third-Party Sites”). This may include links provided by Tutors or Third-Party Sites (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third-Party Sites, you acknowledge and agree that we are not responsible for Third-Party Sites or their availability.  You further agree that we do not endorse and are not responsible for content, advertising, products, services or other materials appearing on Third-Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third-Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

9. Conduct, Fraud, and Consequences of Fraud

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

Tutors and students agree that they will treat each other with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which the Student seeks help. Students and Tutors agree that they will not disclose any information to each other that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate either the Tutor or Student. A violation of this agreement may lead to a suspension of either the Tutor or Student account. Similarly, Tutors and Students agree that they will not solicit any such information from each other, and agree that if either the Tutor or Student ever discloses such information , asks for any personal information, or suggests any offline meeting or conversation, Tutor and Student agree to immediately report this to us by phone and in writing.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content and to terminate tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You agree that if you defraud or access our system (or Tutors) through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us $50 per hour, plus all costs we incur related to detecting and investigating your improper action(s), for each hour (or part thereof) that you (a) obtain improperly, (b) use, and/or (c) allow anyone else to use.

You agree that our cost of investigation will always be a minimum of $250 and may include inside and outside attorney and paralegal time and related fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe, such as the costs related to requesting subpoenas from courts and then serving those subpoenas on you as well as serving them on Internet Service Providers, phone companies, schools, and other persons or organizations that we feel may be able to assist with our investigation.

Examples of improper access include (but are not limited to) using any means to circumvent our registration systems, hacking our system in any way, using the system when you have been notified that your permission to use the service has been revoked, sharing your account information or anyone else's account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account.

10. Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD-PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

11. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third-party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. 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 in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

12. Trademark Notice

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the site or in any Company Content are registered and unregistered Trademarks of others and us and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either others, or ours in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing.

13. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) a notice with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the site;

d. Your address, telephone number, and email address;

e. 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

f. A statement by you made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Michele Spencer Moll, Copyright Agent
MyFreeTutor.org,
RSVP, 925 Harvest Drive, Suite 100, Blue Bell, PA 19422

micheles@rsvpmc.org

14. Modifications to the Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

15. Changes to this Agreement

We reserve the right to change this Agreement without notice. We will provide notice of material changes to this Agreement on the home page of the Web site. Your continued use of the Web Site and Services or materials accessible through it, after such notice has been posted constitutes your acceptance of the changes.

16. Termination

We may terminate your access to the Web Site and Services immediately without notice for any breach by you of the terms of this Agreement or any of our applicable policies, as posted on the site from time to time.

In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: Paragraphs 6 (Copyright), 7 (Confidential Information), 9 (Conduct, Fraud, and Consequences of Fraud), 10 Disclaimer of Warranty; Limitations), 11 Indemnification), 12 (Trademark Notice), and 16 (General).  Upon the termination of these Terms you will immediately destroy any downloaded or printed Company Content.

17. General

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action shall lie in the Commonwealth of Pennsylvania. 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. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor 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.

If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service. To report an unsatisfactory session you may call us during business hours at (610) 834-1040, or you may e-mail us at myfreetutor@rsvpmc.org.

Please call us at the same number if you have any question about this or any other MyFreeTutor.org policy.

AGREE