Last Updated October 8, 2012
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY TUTOROUT, INC. ("TUTOROUT" OR “US”). THIS TERMS OF SERVICE SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE TUTOROUT TUTORING SERVICES AND WEBSITE AT HTTP://TUTOROUT.COM (THE "SITE") (THE TUTORING SERVICES, WITH THE SITE, COLLECTIVELY, THE "SERVICES").
We may, in our sole discretion, modify this Terms of Service with or without notice to you. The "Last Updated" date at the top of this Terms of Service will indicate when the latest modifications were made. By continuing to access and use the Services after this Terms of Service has been modified, you are agreeing to such modifications. Therefore, you should review this Terms of Service prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, this Terms of Service and register for the Services. The Services are not available to individuals who are younger than 13 years old. Tutorout may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Terms of Service is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this Terms of Service or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way. If you are a parent, guardian, or other person who enables a child to access the Services, 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 someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to him or her.
Through our Services, we enable users to connect with tutors (“Tutors”) who provide live, one-to-one instruction, tutoring and learning services though a video and/or audio connection (each, a “Tutoring Session”). As part of the Services, we require all Tutors to enter into a binding contract with us whereby the Tutors make various representations to us relating to their educational credentials, qualifications and other matters, such as lack of criminal history. That said, Tutorout does not do not perform criminal and/or background checks on its Tutors.
You are solely responsible for all service, telephony 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 Tutorout Site may periodically be unavailable as we perform regular maintenance and upgrades during off peak hours.
To use the Services, you will need to register with TutorOut either through our signup form or by calling us and may be given an account, username or password. You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under them. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security. We 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. 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 without the permission of the account holder. In cases where you have authorized or registered another individual to use your account, you are fully responsible for the online conduct of such user, controlling the user's access to and use of the Services, and the consequences of any misuse. Your obligations with respect to registration are described below.
In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, maintain and promptly update the data to keep it true, accurate, current and complete; and comply with this Terms of Service. 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. You agree not to use the Site or the Services to recruit, solicit, or contact in any form Tutors or potential Tutors or users for employment or contracting for a business not affiliated with us.
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 developing 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.
You agree that we and/or your Tutor may record all or any part of any Tutoring Sessions 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 this Terms of Service shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
When you use the Site or the Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, mobile notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge that the technology underlying the Services, 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 or the Services (collectively, the "Tutorout Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in this Terms of Service, 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, Tutorout 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 Tutorout Content, the Site or the Services. You may not store any significant portion of any Tutorout Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Tutorout Content or the Services on any server. Any unauthorized or prohibited use of the Tutorout 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 Tutorout 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 and the other Tutorout Content for noncommercial personal or educational purposes while this Terms of Service are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Tutorout 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 Tutorout Content except as approved by us in advance in writing. You acknowledge that we and/or third parties licensors, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Tutorout 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 Tutorout Content or otherwise, including without limitation, by accessing or using the Site, the Tutorout Content or the Services. The rights granted to you herein are revocable by us in accordance with this Terms of Service.
You agree to safeguard the Tutorout Content and the Services (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 except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in this Terms of Service or restrictions no less restrictive than this Terms of Service. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of this Terms of Service. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with this Terms of Service will cause us irreparable damage and that we will have the right to equitable and injunctive relief to prevent such prohibited use or disclosure, and recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
Links on the Site to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Site. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that Tutorout will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the internet and mobile applications, including third party websites and applications linked from the Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Tutorout expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Tutorout shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Site.
Tutorout is not responsible for any product or service (including third party applications) sold on or through the Site or the Services or any claims of quality or performance made on or through the Site or the Services.
You may only access the Site and use the Tutorout 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; (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; (vii) access, tamper with, or use non-public areas of the Site or the Services, our computer systems, or the technical delivery systems of our providers; (viii) attempt to probe, scan, or test the vulnerability of any Tutorout or Tutor system or network or breach any security or authentication measures; (ix) send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (x) impersonate or misrepresent your affiliation with any person or entity; (xi) violate any applicable law or regulation; or (xii) encourage or enable any other individual to do any of the activities prohibited in this Terms of Service.
You agree that you will treat the Tutors with respect and not use obscenities while speaking with them, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to a Tutor that could be considered personally identifiable information including your address, telephone number, social security number, password or any other information that could be used to identify or locate you, except as in necessary for the provision of the Services. A violation of this agreement may lead to a suspension of your account. Similarly, you agree that you will not solicit any such information from any Tutor, and agree that if any Tutor ever discloses such information to you, asks you for any personal information beyond that necessary to provide the Services, or suggests any offline meeting or conversation, you 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, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates this Terms of Service 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 this Terms of Service, 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.
Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment 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. Improper access also includes using any artifice or method (such as using multiple email accounts, cell phone numbers, and/or credit card numbers) to attempt to avoid paying for service.
We respect the intellectual property rights of others and require that users of the Site and Services do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Tutorout at email@example.com designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
THE TUTOROUT 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 TUTOROUT 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 TUTOROUT 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 TUTOROUT 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 TUTOROUT 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. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TUTOROUT AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF TUTOROUT AND ITS AFFILIATED PARTIES FOR ANY REASON, FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO USD$500. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TUTOROUT ANY AMOUNTS FOR SERVICES PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TUTOROUT IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE TUTOROUT CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICES OR IN CONNECTION WITH THE TUTOROUT CONTENT, THE SERVICES OR ANY PORTION THEREOF.
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 Tutorout Content or any portion thereof, your connection to the Services, or your breach of this Terms of Service. 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.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Tutorout Content are registered and unregistered Trademarks of us and others 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 or Tutorout Content, 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 ours or others, 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.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with United States law in this regard.
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and this Terms of Service 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.
Either of us may terminate this Terms of Service by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate this Terms of Service immediately without notice for any breach by you of this Terms of Service or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate this Terms of Service without notice to you by terminating your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration of this Terms of Service, the following sections of this Terms of Service shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under this Terms of Service terminate immediately upon the expiration or termination of your account or this Terms of Service. You agree that upon the termination of this Terms of Service, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination of this Terms of Service you will immediately destroy any downloaded or printed Tutorout Content.
All rights not expressly granted herein are expressly reserved. This Terms of Service shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of this Terms of Service is found to be illegal or unenforceable, this Terms of Service 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. This Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. 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 this Terms of Service 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.
When you select a tutoring plan, we immediately charge your credit card and put into your account the number of hourly sessions that correspond to your tutoring plan. If we offer and you register for a recurring set of sessions, on the same day of each month, until you tell us otherwise, we charge your monthly fee to your credit card and refill your account with the number of sessions that correspond to your tutoring plan. When you finish a tutoring session, we deduct the time you spent with the Tutor from your account balance.
The sessions we place in your account remain in your account until you use them with one of our Tutors, or until your tutoring plan is cancelled. If you cancel your tutoring plan, we remove the unused sessions from your account.
While we hope that you will be completely satisfied with the Services. 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 in China at 13081608179 or in the United States at (650) 539-5788, or you may sign in to your account and use our automated chat or message system. If our internal review process determines that your hourly session did not meet our standards of quality, we will issue you a free session, for you to use within three months or until your account is cancelled, whichever comes first.
If you would like to request a refund for your tutoring plan purchase for any reason, you may do so by calling us during business hours in China at 13081608179 or in the United States at (650) 539-5788.
If you decide to cancel within 30 days of purchase, we will process a refund for any unused hourly sessions left in the account on a prorated basis. For example, if you purchased a hypothetical ten-session plan for 3000RMB, used five of your ten hourly sessions, and request a refund within 30 days, we will refund 1500RMB of your initial purchase. No refunds will be issued if you request it after the first 30 days of purchase.
Please note that for security reasons we can process refund requests only by phone. You must call us during business hours in China at 13081608179 or in the United States at (650) 539-5788. within 30 days of creating your account to request a refund.
Please call us at one of the same numbers if you have any question about this or any other Tutorout.com policy.
The Services are controlled and operated by Tutorout from within the United States of America. Tutorout makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Terms of Service shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Terms of Service shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Terms of Service. Any dispute with Tutorout, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Tutorout may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Tutorout is able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Terms of Service. You also acknowledge and understand that, with respect to any dispute with Tutorout, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Terms of Service: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. All claims you bring against Tutorout must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this Terms of Service. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
If you have any comments, questions, or complaints regarding this Terms of Service or the Services, or wish to report any violation of this Terms of Service, please contact us. We will address any issue to the best of our abilities as soon as possible.