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MeetTutors.com Terms of Use Agreement
Revision Date: 3 March 2008
YOUR SUBSCRIPTION FOR THE SERVICES PROVIDED BY THIS WEBSITE, ACCESS TO AND CONTINUED USE OF THIS WEBSITE IS SUBJECT TO YOUR CONTINUING AGREEMENT TO THE FOLLOWING LEGALLY BINDING TERMS AND CONDITIONS. PLEASE ALSO NOTE THAT THESE TERMS AND CONDITIONS MAY BE UPDATED OR MODIFIED FROM TIME TO TIME CONTINUE TO USE THIS WEBSITE AND THE SERVICES, YOU AGREE TO NOTE AND BE BOUND BY THE LATEST VERSION OF THESE TERMS AND CCNDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. 1) BY ACCESSING OR USING THIS WEBSITE, www.MeetTutors.com (“THE SITE”) AND 2) BY CLICKING THE “I AGREE” BUTTON BELOW, YOU IRREVOCABLY INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR THE SERVICE THE SITE PROVIDES.
This Website Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“You”) and MeetTutors Online Inc. (the “Company”). “We” and “Us” means both You and the Company. MeetTutors.com is the registered domain name and website of MeetTutors Online Inc. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Site.
1. Eligibility. You must be at least nineteen (19) years of age or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement (whichever greater) (the Age of Majority”),to register as a member of MeetTutors.com or use the Site on your own. We DO NOT discriminate on the basis of age but we reserve the right to ask for proof of age and to withhold or terminate your membership on the basis that you are below the Age of Majority. Even if you are over the Age of Majority you hereby acknowledge that there are risks including personal and financial risks in using the internet to meet and communicate with strangers; therefore, you hereby agree to waive all claims against MeetTutors.com and MeetTutors Online Inc. for any and all damages, direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable arising from subscription, registration or use of this Site. Membership in the Service is void where prohibited. In such case, any membership fees paid will be forfeited as liquidated damages by MeetTutors Online Inc. without prejudice to any other claim that We may have against You. By using theSite, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Membership. You may become a Member of the Service at no cost. You understand that by accessing or using our Site, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for your information, Public Information or information of or posted by other users. You agree that under no circumstances will we or our affiliates be liable in any way for any information, including, but not limited to, for any errors or omissions in your Information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Site or service, or for any failure to correct or remove information.
3. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time for any reason. MeetTutors.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to MeetTutors.com. All decisions regarding the termination of accounts shall be made in the sole discretion of MeetTutors.com. MeetTutors.com is not required to provide you notice prior to terminating your membership. MeetTutors.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
4. Non-commercial Use. The Site may not be used in connection with any non-educational commercial endeavors. Organizations, companies, and/or businesses, whose business activities are not educational in their nature, may not become members and should not use the Service or the Site for any purpose.
5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You may not transfer or sell your username, password or account to another party. If you are a parent who wishes to allow your child to access or use our Site or services, you hereby agree to accept full responsibility for any and all consequences of your child using our Site or services and you are responsible to monitor and/or supervise your child’s activities as a prudent parent. We will not be responsible for any and all consequences of your child’s activities.
6. Interactions with Other Members. We are in no way responsible for anyone's content, anywhere on the MeetTutors.com website, with the exception of that we ourselves produce. You are solely responsible for your interactions with other Members. You are responsible for any contract entered into between you and other Members. You understand that MeetTutors.com does not in any way screen its Members, nor does MeetTutors.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. MeetTutors.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall MeetTutors.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, incidental, foreseeable or unforeseeable arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, financial loss, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. In addition, you agree to review MeetTutors.com’s Safety Tips prior to using the Service. You agree to take reasonable precautions in all interactions with other Members of the Service, if you decide to meet offline or in person. You understand that MeetTutors.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
7. Content on MeetTutors.com.
(a) Proprietary Rights. MeetTutors.com owns and retains all proprietary rights in the Site, its contents and the Service. Except for that information for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by MeetTutors.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MeetTutors.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will MeetTutors.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.
8. Content Posted by You on MeetTutors.com.
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to MeetTutors.com, or another Member, subsequently becomes inaccurate, misleading, offensive or false, you will promptly notify MeetTutors.com of such change and correct/remove such inaccurate, misleading, offensive or false information IMMEDIATELY. You are responsible to ensure that any information posted on the Site is does not infringe of the intellectual property rights of any party and hereby agree to indemnify and hold MeetTutors.com and MeetTutors Online Inc. harmless from any breach of obligations to anyone as a result of your actions or omissions, including any legal fees incurred by MeetTutors.com and MeetTutors Online Inc. as a result of your actions.
b. You understand and agree that MeetTutors.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of MeetTutors.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. In addition, MeetTutors.com reserves all rights to remove any account in the event that user violates the Agreement.
c. By posting Content to any public area of MeetTutors.com, you automatically grant, and you represent and warrant that you have the right to grant, to MeetTutors.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by MeetTutors.com will not infringe or violate the rights of any third party.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. MeetTutors.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes discrimination, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people of any age in a sexual or violent manner, or solicits personal information from anyone under the Age of Majority;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You should not include in the public information part of your Member profile any contact information including telephone numbers, street addresses, URLs or email addresses. You may choose to do so, but you understand that you do it at your own risk.
g. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for non-educational commercial purposes. You may not transmit any chain letters or junk email to other Members. Although MeetTutors.com cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
h. All information you include in your Member profile must be accurate, current and complete and you so declare upon your act of posting the said information on MeetTutors.com.
9. Conduct. MeetTutors.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
• You will not impersonate any person or entity.
• You will not "stalk" or otherwise harass any person.
• You will not express or imply that any statements you make are endorsed by MeetTutors.com without our specific prior written consent.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright or other proprietary rights notices contained in the Service.
• You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the site.
• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You will not "frame" or "mirror" any part of the Service or the Site, without MeetTutors.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to MeetTutors.com or the Service or the Site in order to direct any person to any other website for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or cause others to do so.
• You may not post, distribute, or reproduce in any way any copyrighted material or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
10. IP Addresses. In order to protect the integrity of the Service, MeetTutors.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site.
11. Modifications to Service. MeetTutors.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MeetTutors.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy which is as follows. We collect your personal information (a) to enable provision of information required to provide the service of MeetTutors.com, (b) to conduct backup of our technical interface, (c) to track our business objectives and marketing efforts. We use cookies in order to store session information for your use of our Site. You must accept cookies in order to navigate the Sites, register for our membership Sites and communicate through ourSite. We create standard network logs containing the IP address of systems connecting to our site. You hereby agree that MeetTutors.com and MeetTutors Online Inc. may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with legal requirements, a current judicial proceeding, a court order or legal process served on us or our Site, (b) enforce this Agreement, (c) respond to claims that your information or activities violates the rights of third parties; or (d) protect the rights, property or personal safety of MeetTutors.com, MeetTutors Online Inc., its employees, users and the public. We currently contract with third parties to help manage and optimize our business and communications. While we diligently obligate such third parties to respect our privacy policy with you, we cannot be responsible to monitor and enforce such obligations and you agree that our limitation of liability as set out herein applies to limit our damages to you.
13. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Where this Site contains links to other Internet sites, resources and sources, including but not limited to PayPal, you will be redirected off the websites and to third party websites. We are not responsible for examining or evaluating, and do not endorse or warrant the offerings of, any of these businesses or individuals or the content of their websites. We are not responsible for the terms of use, terms of service or privacy policies of such sites. You should make sure that you read and understand the privacy policies of these websites and direct any concerns regarding external links to the website administrator or webmaster of that third party website. You further acknowledge and agree that MeetTutors.com 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 the use of, or reliance upon, any such Content, goods or services available on or through any such website or resource.
14.Member Disputes. You are solely responsible for your interactions with other MeetTutors.com Members. MeetTutors.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
15. Disclaimers. MeetTutors.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. MeetTutors.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. YOU ARE USING MeetTutors.com SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT WARRANT UPTIME, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT YOUR USE WILL BE FREE FROM ERRORS, INTERRUPTION, DEFECT AND/OR DELAY WHATSOEVER, TROJANS, VIRUSES OR OTHER MALICIOUS AGENTS, ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional educational or other advice. MeetTutors.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.
16. Limitation on Liability. In no event will MeetTutors.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if MeetTutors.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MeetTutors.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MeetTutors.com for the Service during the term of membership.
17. Indemnity. You agree to indemnify and hold MeetTutors.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
18. Governing Law. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the province of British Columbia and the federal laws of Canada, without regard to its conflict of law provisions, and you expressly agree to submit to the exclusive jurisdiction of the British Columbia courts. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
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I AGREE
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