Terms & Conditions

TERMS OF USE AGREEMENT

 

These terms and conditions ("Terms", "Agreement") are an agreement between Jill's Tutors, LLC ("Jill's Tutors, LLC", “Company”, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your access to and use of the jillstutors.com website, as well as any other media form, media channel, mobile website or mobile application, and any of its products or services (collectively, "Website", “Service” or "Services").

 

The Website provides the following service: A tutor referral and matching service and platform that provides clients, parents, and guardians a resource to finding independent contractor tutors (“Tutor”) for themselves and their children (“Company Services”). Jill’s Tutors, LLC reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

 

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

BILLING & PAYMENTS

 

Company bills you with an invoice sent directly to your email of choice. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company.

 

We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

REFUNDS

 

Refunds are not given by the Company. However, Company does hold the right to issue refunds under certain circumstances at their sole discretion. 

 

ACCURACY OF INFORMATION

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

 

ACADEMIC HONESTY

 

You acknowledge and agree not to use Jill’s Tutors LLC’s services for any purpose that violates academic honesty policies or other conduct policies of your school, college, university, workplace, and/or other academic institutions. This includes, but is not limited to, hiring tutors to complete assignments, write papers, take tests or otherwise do work on your behalf. You agree that Company’s services are for the purpose of facilitating learning, not cheating.

 

USER DATA

 

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

 

THIRD PARTY WEBSITES & CONTENT

 

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links.” This means if you click on the link and purchase an item, Jill's Tutors, LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

PROHIBITED USES

 

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
 

  1. for any unlawful, criminal, or tortious activity

  2. to solicit others to perform or participate in any unlawful acts

  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

  6. to submit false or misleading information

  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

  8. to collect or track the personal information of others

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape

  10. for any obscene or immoral purpose

  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

Additionally, you agree that no tutors contracted through the Website can be contracted by parents/guardians/students outside the legal parameters set up by Company. Once a Jill’s Tutors, LLC independent contractor tutor has been paired with a paying user for the purpose of tutoring, they must always record their tutoring sessions and process payments through Company’s systems, and may not continue the tutoring relationship outside of Jill’s Tutors, LLC. Breaking this agreement and providing tutoring services independent of Company is grounds for removal from Website, termination of any future contracting through Company’s provided services, and possible litigation.

 

Jill’s Tutors, LLC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Any use of the website that is inappropriate and/or offensive, in accordance with Company’s discretion, may result in the suspension or termination of a user with or without notice. You acknowledge that Jill’s Tutors, LLC shall have the right to verify the above representations and warranties, including conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure to accomplish such verification.

 

INTELLECTUAL PROPERTY RIGHTS

 

This Agreement does not transfer to you any intellectual property owned by Jill's Tutors, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Jill's Tutors, LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Jill's Tutors, LLC or Jill's Tutors, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services is for your information and personal use only and grants you no right or license to copy, reproduce, aggregate, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Jill's Tutors, LLC or third-party trademarks or content without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

 

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:
 

  1. Monitor the Website for violations of this Agreement;

  2. Take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

  3. In Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

  4. In Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;

  5. Otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

 

DISCLAIMER OF WARRANTY

 

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

LIMITATIONS OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JILL'S TUTORS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF JILL'S TUTORS, LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF JILL'S TUTORS, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO JILL'S TUTORS, LLC FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

 

IN NO EVEN SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER OR CONSEQUENTIAL ,OR EXEMPLARY DAMAGES, THAT MAY OCCUR DURING A TUTORING SESSION BETWEEN A JILL’S TUTORS, LLC INDEPENDENT CONTRACTOR TUTOR AND A CLIENT/STUDENT, IN THE EVENT THAT NO PARENT OR GUARDIAN IS PRESENT DURING THE TUTORING SESSION.

 

CONFIDENTIALITY

 

You agree to Company and such third parties, during the term of this Agreement and thereafter, to hold all Confidential Information regarding client and tutor’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”) in strict confidence. You will not disclose Confidential Information to any person, firm, corporation, website, or academic institution or to use it except as necessary in carrying out the services consistent with this agreement.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Jill's Tutors, LLC and its subsidiaries, affiliates, directors, officers, employees, and agents from and against any liabilities, losses, damages, costs, claim, or demand, including reasonable attorneys' fees and expenses, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

 

You also agree to indemnify and hold harmless Jill’s Tutors, LLC from any and all injuries, whether direct, consequential or incidental in nature, which result from or are connected with performance of Tutor, including any act by Tutor inconsistent with Tutor’s status as an Independent Contractor. While the Company does web scrape to find potential sex offenders, it is Tutor and users’ responsibility to exercise personal judgment, protocols, and/or standards when considering whether to engage in tutoring services with each Tutor or client. Tutor is never obligated by Jill’s Tutors, LLC to pursue any tutoring opportunity. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

SEVERABILITY

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

DISPUTES BETWEEN USERS

 

If there is a dispute between users of the Website, or between users and any third party, or between independent contractor tutors and parents/clients/students, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

 

CHOICE OF LAW, JURISDICTION & VENUE

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

ASSIGNMENT

 

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

CHANGES, AMENDMENTS, & MODIFICATIONS

 

To Agreement

 

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

 

To Services

 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

 

ACCEPTANCE OF THESE TERMS

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

 

ELECTRONIC CONTRACTING

 

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

CONTACTING US

 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to jillstutors@gmail.com.

 

This document was last updated on January 29, 2020.

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Tel: 512-598-5135 / Email: jillstutors@gmail.com

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