Tutor Me Education – Terms of Service
Welcome to Tutor Me Education (“Website”, “Platform”, or “Company”). Tutor Me Education is an online platform that connects families, students, school districts, and other agencies (“Clients”) with qualified Instructors for academic support, therapy, and enrichment. These Terms of Service (“Agreement”) constitute a legally binding contract between you and Tutor Me Education governing your access and use of the Services. By accessing or using our Website or Services, you agree to comply with and be bound by the terms of this Agreement.
1. Acceptance of Terms
This Agreement includes our Privacy Policy and any additional terms and conditions incorporated by reference. Tutor Me Education may update or modify this Agreement from time to time by posting the amended version on our Website. Continued use of the Services constitutes acceptance of any changes.
2. Eligibility
Use of our Services is void where prohibited. You must be of legal age to use our Services or must have obtained consent from a parent or legal guardian. If under the age of majority, a responsible adult must be present during instruction sessions.
By using our Services, you confirm that you have not been subject to any of the following: criminal convictions (misdemeanor or felony), restraining orders, sex offender registration, or ongoing legal actions involving violence or moral misconduct.
3. Overview of Services
4. Grant of License & Name/likeness Rights
Instructors grant Tutor Me Education a worldwide, non-exclusive, irrevocable, sublicensable, and transferable license to use their name, likeness, voice, and other biographical information in connection with the marketing and operation of the Platform. Additional compensation is not owed unless separately agreed in writing.
5. Platform Rights
Tutor Me Education reserves the right to:
– Modify or discontinue any part of the Platform without notice.
– Terminate or suspend any user account at its sole discretion.
– Remove content or accounts that violate platform policies.
– Cooperate with legal authorities in cases of violations or investigations.
The Platform assumes no liability for losses incurred due to account changes or removals.
6. Independent Contractor Relationship
Instructors engaged through the platform are classified as independent contractors and not employees of Tutor Me Education. Instructors manage their own scheduling, pricing, and delivery of services. While Tutor Me Education facilitates these connections, it does not control or direct the work of Instructors. In cases where Instructors receive assignments from companies, school districts or public agencies, those institutions may determine the Instructor’s employment classification under their respective agreements.
7. Code of Conduct
All users must act in accordance with applicable laws and platform standards. Prohibited conduct includes, but is not limited to, harassment, discrimination, fraud, soliciting Instructors for outside work, or using the platform for unauthorized purposes.
8. Financial Terms
Tutor Me Education processes payments from Clients and remits them to Instructors based on the Independent Contractor Agreement. Clients, including agencies or schools, must maintain a valid form of payment. Instructors are responsible for fulfilling any agreed-upon sessions and complying with payment terms.
9. Background Checks
Clients may request background checks for Instructors through Tutor Me Education’s third-party providers. Instructors must consent to background screening to remain active on the platform. The Company reserves the right to remove an Instructor from the platform based on screening results.
10. Arbitration and Governing Law
You and Tutor Me Education agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to our Services, or any products or services sold or purchased through our Services, will be resolved in accordance with the provisions set forth in this Section (“Agreement to Arbitrate”).
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 Tutor Me Education, except as otherwise stated in this Agreement.
B. Agreement to Arbitrate
You and Tutor Me Education each agree that any and all disputes or claims that have arisen or may arise between you and Tutor Me Education shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court if they qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
I. Prohibition of Class and Representative Actions
You and Tutor Me Education 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 parties agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.
II. Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party a written Notice of Dispute. If the dispute is not resolved within 30 days, either party may initiate arbitration. The arbitration will be held in a location mutually agreed upon, or Los Angeles County, California.
III. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds your claims to be frivolous, you agree to reimburse Tutor Me Education for all related fees paid on your behalf.
IV. Severability
If any part of this arbitration agreement is found to be invalid or unenforceable, the remaining portions will still apply. However, if the prohibition on class or representative actions is found to be unenforceable, the entire arbitration agreement shall be null and void.
V. Future Amendments
If we amend this arbitration agreement in the future, such changes will not apply to disputes filed before the effective date of the amendment. We will notify you of changes by posting them on our Website at least 30 days prior to taking effect.
C. Judicial Forum
If the arbitration agreement is found not to apply, both parties agree that any legal suit shall be brought exclusively in a state or federal court located in Los Angeles County, California.
11. Release and Indemnification
If you have a dispute with another user or third party in connection with the Services, you release Tutor Me Education and its affiliates from any claims, demands, or damages. You agree to indemnify, defend, and hold Tutor Me Education harmless from any claim or demand arising from your use of the Services, your content, or your violation of this Agreement.
12. Right to Use Your Content
You grant Tutor Me Education a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable license to use, copy, display, distribute, modify, and create derivative works from content you submit. You waive any claims against Tutor Me Education for use of your content.
13. Copyright Policy
You may not post copyrighted material without permission. If you believe your copyrighted work has been infringed, please notify us with a DMCA notice.
14. Proprietary Information
The Website and Services contain proprietary information owned by Tutor Me Education or its partners. You agree not to reproduce or distribute any content without permission from the rightful owner.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and Tutor Me Education regarding the use of the Services. If any provision is found unenforceable, the remaining provisions will remain in full force.