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Terms of Use

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Parts of this document were created using a Contractology template available at http://www.freenetlaw.com.

TERMS OF USE

These TERMS OF USE are subject to change at any time, with or without notice.

Entire Agreement

These terms and conditions, constitute the entire agreement between you and Teachers Listen Inc. (TLI) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

If you are an administrator, a teacher, a student, or a sibling of a student at Frederick Douglass Academy 1 in Harlem, New York, you are not permitted to join this site.

The Tutorslisten.com website is currently in Beta. We have not yet fully deployed the website, and there may be problems or inconsistencies.

These terms and conditions govern your use of the Tutorslisten.com website, including any related applications that operate on mobile devices, and any other services that Tutorslisten.com provides. By using this website you accept these terms and conditions in full. If you disagree with these terms and conditions, you must not use this website. If you are displeased with any aspect of this website, your exclusive remedy is to immediately stop using this website and any other materials in connection with this website.

You acknowledge and agree that your non-compliance with any of the terms and conditions of this Agreement may result in irreparable harm to TLI. In such event, TLI shall take all actions it deems reasonably necessary, including without limitation, revoking or suspending access to the Tutorslisten.com website.

You agree that you are not violating any rules of your school or administration, and that you have researched your allowable activities. Some schools do not allow teachers to tutor their own students 

You agree that you are of the legal age of 18 and have the capacity to agree to these terms.

You agree that there will be a responsible adult present at all times during tutoring sessions.

You agree to provide correct, accurate, timely, and complete information about yourself.

You agree to use the site solely for educational purposes, and specifically not to use the site for any form of cheating.

You agree to keep your password and any other access protocols private, and further understand that if others use your access protocols, your access may be revoked.

You will ensure that your use of this Website and any related content or materials complies with all applicable laws, statutes, regulations, rules. This includes any and all academic rules from your affiliated institutions.

You must not:

1. Copy or duplicate this Website (including republication on another website) This also applies to any software components.

2. Create any derivative products from this Website, nor attempt to resell the Website in whole, or any parts thereof.

3. Sell, rent, or sub-license material from the website

4. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose unless TLI grants express written consent.

5. Edit or modify any material on the website

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, root-kit or other malicious software.

You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without TLI’s express written consent.

You are fully responsible for the content that you upload or transmit to Tutorslisten.com. You must not post anything that is obscene, harmful, pornographic, defamatory, racist, violent, or represents harassment, this includes anything that is offensive to TLI or anyone else who uses the site.

Payments

Tutors set their own hourly rates. TLI collects a percentage of the tutor's fee, ranging from 10% to 35% depending on number of hours tutored and other criteria. If you charge for your tutoring, then the fee must be billed through the tutorslisten.com website. If you tutor for free, there are not any fees.  These fees are subject to modification.

Total Paid Hours Tutoring with Tutorslisten

(at start of each new student)

Tutor's Percentage

First Two Sessions with a new student

Next Eight Sessions with the same student

All Future Sessions with the same student

0  – 20 hrs

65%

70%

75%

21 – 120

70

75

80

121 – 360

75

80

85

361 +

80

85

90

Partial hours count in favor of the tutor.

Relationship

Nothing in this contract or at this website constitutes and employer/employee or independent contractor relationship. As a tutor you set your own hours, set your own rates (these rates can be adjusted by you to account for TLI fees). You choose how to conduct your tutoring services. You are free to advertise your services elsewhere, and promote your services as you see fit.

Restricted Access

Access to certain areas of this website are restricted. TLI reserves the right to restrict access to other areas of this website, or indeed this entire website, at TLI's discretion.

If TLI (via the tutorslisten.com website) provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

TLI may disable your user ID and password at the tutorslisten.com website at TLI's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to TLI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TLI the right to sub-license these rights, and the right to bring an action for infringement of these rights. All online sessions are recorded.

You agree to have your user content posted at the website when you apply, and that the information may be removed at any time, with or without notice.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TLI or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

TLI reserves the right to edit or remove any material submitted to this website, or stored on TLI's servers, or hosted or published upon this website.

Notwithstanding TLI's rights under these terms and conditions in relation to user content, TLI does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. TLI makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, TLI does not warrant that:

this website will be constantly available, or available at all; or,

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

TLI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TLI has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TLI's liability in respect of any:

death or personal injury caused by TLI's negligence;

fraud or fraudulent misrepresentation on the part of TLI; or

matter which it would be illegal or unlawful for TLI to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, TLI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TLI's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TLI's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TLI.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify TLI and undertake to keep TLI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TLI to a third party in settlement of a claim or dispute on the advice of TLI's legal advisers) incurred or suffered by TLI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to TLI's other rights under these terms and conditions, if you breach these terms and conditions in any way, TLI may take such action as TLI deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

TLI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

TLI may transfer, sub-contract or otherwise deal with TLI's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Governing Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New York State.

Contact

You may contact TLI by email at tutor@tutorslisten.com.