LearnTeachWorld, Inc. ("LearnTeachWorld", "our", "us" or "we") provides LearnTeachWorld Tutors, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the "Services") through our website, accessible at www.LearnTeachWorld.com (the "Site"). The Services include the ability for Users and Tutors (each as defined below) to interact via the LearnTeachWorld platform's interface or other methods as may be made available by LearnTeachWorld from time to time.
"Content" means text, graphics, images, software, audio, video, information or other materials.
"Collective Content" means, collectively, LearnTeachWorld Content and User Content.
"Tutor" means a tutoring or educational services provider accessible via the Services.
"LearnTeachWorld Content" means Content that LearnTeachWorld makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
"Lesson Services" mean any tutoring or educational services a User may receive from a tutor related to a User's LearnTeachWorld account or the Services.
"User" means a person who seeks and/or schedules Lesson Services for a student or for his or herself (e.g. a student, parent or guardian).
"User Content" means Content that a tutor or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Tutors via the Services.
As a Tutor, your use of the Services is governed by the policies, terms and conditions herein. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT LEARNTEACHWORLD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABE LAW, LEARNTEACHWORLD DISCLAIMS ALL LIABILITY RELATED TO THE LESSON SERVICES OR THE CONDUCT OF USERS, TUTORS OR OTHER USERS OF THE SITE OR SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE PARTIES' SOLE RISK.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Tutor Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the terms and conditions posted for the specific area of the Site, Services, or Collective Content will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR LEARNTEACHWORLD ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR LESSON SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TUTOR TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TUTOR TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Tutor Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Site and Services can be used to facilitate the provision of Lesson Services via our online platform and its video and text chat and document collaboration interface. As stated above, LearnTeachWorld makes available a platform with related technology for Users to connect with Tutors online and conduct the Lesson Services via our online interface as requested by Users. LearnTeachWorld is not a provider of tutoring services. LearnTeachWorld's role is solely to facilitate the availability of the Site and Services. Similarly, LearnTeachWorld is not a contracting agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of LearnTeachWorld.
You are an independent contractor and nothing in this Tutor Terms of Service will be construed as establishing an employment or agency relationship between you and LearnTeachWorld. You have no authority to bind LearnTeachWorld by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Lesson Services in connection with this Tutor Terms of Service or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by LearnTeachWorld to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by LearnTeachWorld pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
To become a Tutor, provide Lesson Services, and to be eligible to receive payment for the Lesson Services you provide, you must register and create an "Account," be 13 or older or at least the age of majority in the state or country where you reside and pass all vetting, verification and background check protocols instituted by LearnTeachWorld from time to time, which may include, without limitation, undergoing subject matter tests, interviews, and submitting application materials. You understand that LearnTeachWorld may use third party sources, data, and companies to assist LearnTeachWorld in tutor vetting, verification and background check processes. By registering as a Tutor, you represent and warrant you are 13 or older.
You can register to join the Service as a Tutor by establishing a username (email address) and password with the Service (and providing a picture along with government issued identification) or by logging into your account with certain third party social networking sites ("SNS") (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the personal information you have provided to the SNS (such as your "real" name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User. The information we obtain may depend on the privacy settings you have with the SNS.
When you register with LearnTeachWorld and set up your Account, you: (i) agree to provide LearnTeachWorld with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize LearnTeachWorld, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party. You will immediately notify LearnTeachWorld of any unauthorized use of your username, password or Account.
You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Tutors and (ii) other persons to participate in providing Lesson Services from your Account.
If you register via the Site and Services to serve as a Tutor, you represent and warrant to LearnTeachWorld that you (i) have requisite knowledge in the subjects you select via the Services to provide Lesson Services in such subjects to Users; (ii) will utilize User-paid Lesson Services time solely to provide Lesson Services only; (iii) you are or were a student at the academic institution you listed as your school at the time of registration to use the Site and Services and (iv) will not provide Lesson Services to persons younger than 13. You understand and agree that Users will contact you via the Site and Services and request that you provide Lesson Services. You have no obligation to provide any Lesson Services, and any Lesson Services you may choose to provide are in your sole discretion.
If you register to use the Site and Services as a Tutor and provide Lesson Services via the Site and Services, you may be entitled to receive a payment from LearnTeachWorld for the provision of Lesson Services. LearnTeachWorld will pay Tutors per hour of Lesson Services provided, at the rates specified by LearnTeachWorld. Tutor payments will be prorated for partial hours of Lesson Services provided. In order to receive payment from LearnTeachWorld, you will be required to create an account with our third-party payment processor. Payments will be remitted to you via the account you create with such third-party payment processor within a commercially reasonable time after your provision of Lesson Services to a User. You are solely responsible for ensuring that you will be able to transfer money from the third-party payment processor.
You acknowledge and agree that LearnTeachWorld reserves the right, in its sole discretion, to prospectively modify its payment rates at any time. If we modify the payment rates, we will post the modified rates on the Site with thirty (30) days advance notice of the modification effective date or otherwise provide you with notice of the modification. By continuing to provide Lesson Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Payment rates. If the modified payment rates are not acceptable to you, your only recourse is to cease providing tutoring services via the Site and Services.
Please note that if a Tutor Payment sent by LearnTeachWorld to you in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason (e.g. a User requests a refund), you will be liable to LearnTeachWorld for the full amount of such Tutor Payment that LearnTeachWorld sent to you and any fees related thereto. This means that you will be responsible for reimbursing LearnTeachWorld in the event of a chargeback, reversal of payment or other claim by a User in this regard. We may void or withhold payments for: (1) breach of these Tutor Terms of Service, (2) suspected fraudulent activity (including, without limitation, purporting to complete more tutoring minutes than is possible within a given period of time), (3) failure to timely provide an IRS Form W-9 with complete and accurate information, or (4) if the User requests a refund or submits a chargeback request.
IRS regulations regarding federal tax reporting requirements stipulate that LearnTeachWorld must collect an IRS Form W-9 from any individuals in the United States. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. You will report to all applicable government agencies as income all compensation (including tutor payments) received by you for services performed in connection with this Tutor Terms of Service (including Lesson Services), the Services, or the Site. We cannot and do not offer tax advice to any Tutors on the Site and Services.
LearnTeachWorld does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. To the fullest extent permitted by applicable law, you agree that we will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree to the fullest extent permitted by applicable law, that (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users, or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party, harm; and (ii) you will not to attempt to impose liability on, or seek any legal remedy from LearnTeachWorld with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
Subject to your compliance with the terms and conditions of these Tutor Terms of Service, LearnTeachWorld grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any LearnTeachWorld Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Tutor Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LearnTeachWorld or its licensors, except for the licenses and rights expressly granted in these Tutor Terms of Service.
We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit Content. By making available any Content on or through the Site or Services, you hereby grant the following license to LearnTeachWorld, which LearnTeachWorld may exercise solely in connection with the Services, including promotion of the Services, directly or directly by intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users and other Tutors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content. LearnTeachWorld does not claim any ownership rights in any Content provided by users of the Services or Site and nothing in these Tutor Terms of Service will be deemed to restrict any rights that you may have to use and exploit any of your Content.
LearnTeachWorld may record live lessons that you provide to students in connection with your provision of Lesson Services. You hereby grant to LearnTeachWorld an irrevocable, worldwide, royalty-free, exclusive license to use any such recorded live lessons for all business purposes, including for marketing purposes, and you hereby grant LearnTeachWorld permission to use your voice, image, name, and likeness to the extent that the same are encompassed or embodied within such recorded live lessons.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to LearnTeachWorld the rights in and to such Content, as contemplated under these Tutor Terms of Service; and (ii) the Content, your posting, uploading, publication, submission or transmittal of it, or LearnTeachWorld's use of the Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that provision of Lesson Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Lesson Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. LearnTeachWorld shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
LearnTeachWorld respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Tutors, registered users, or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the LearnTeachWorld Intellectual Property Rights Owner Program at https://www.LearnTeachWorld.com/copyright for further information.
If you decide to provide feedback, comments, or suggestions for improvements to the Site or Services ("Feedback"), you may do so by emailing us at tutors-support@LearnTeachWorld.com. You acknowledge and agree that if you submit any Feedback to us, via the email address provided above or otherwise, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
Post, upload, publish, submit, or transmit any Content that:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You also agree not to:
In addition to the above, you agree that you:
LearnTeachWorld will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. LearnTeachWorld may involve and cooperate with law enforcement authorities or third parties in investigating and prosecuting users who violate these Tutor Terms of Service or any other policies applicable to use of the Services. LearnTeachWorld acts as a technology service that facilitates the provision of Lesson Services between Tutors and Users. You acknowledge that LearnTeachWorld has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Tutor Terms of Service or any other policies applicable to use of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LearnTeachWorld reserves the right, at any time and without prior notice, to (i) remove content from the Service at any time for violations of these Tutor Terms of Service or other policies applicable to use of the Service; (ii) give a Tutor the opportunity to amend content it believes to be in violation of these Tutor Terms of Service or other policies applicable to use of the Service.; and (iii) take appropriate action against a Tutor. Nonetheless, you agree that, to the fullest extent permitted by applicable law, LearnTeachWorld is not responsible for any User Content or any Tutor's failure to comply with these Tutor Terms of Service or other policies applicable to use of the Service. Without limiting the terms of the "Limitation of Liability" section below and to the fullest extent permitted by applicable law, LearnTeachWorld is not responsible for the use or exchange of any information, files or goods between Tutors and Users.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that LearnTeachWorld is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LearnTeachWorld of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
LearnTeachWorld reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Tutor Terms of Service. If we modify these Tutor Terms of Service we will post the modification on the Site or provide you with other notice of the modification. We will also update the "Last Updated Date" at the top of these Tutor Terms of Service. By continuing to access or use the Site or Services or taking other requested action after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Terms of Service. If the modified Tutor Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
LearnTeachWorld reserves the right to suspend, disable, or terminate your Account and revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause, including, without limitation, if you breach these Tutor Terms of Service. In the event LearnTeachWorld terminates your Account due to your breach of these Tutor Terms or Service or violation of any law, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to tutors-support@LearnTeachWorld.com.
If your account is suspended and you apply to be reinstituted as a Tutor on the Service, LearnTeachWorld is under no obligation to honor such request but may do so in its sole discretion and in accordance with all LearnTeachWorld policies, procedures, or requirements for reinstitution applicable at that time.
THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. LEARNTEACHWORLD AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. LEARNTEACHWORLD DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. LEARNTEACHWORLD DOES NOT WARRANT THAT PROVISION OF LESSON SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT.
YOU ACKNOWLEDGE AND AGREE THAT LEARNTEACHWORLD DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. LEARNTEACHWORLD SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEARNTEACHWORLD OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT LEARNTEACHWORLD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold LearnTeachWorld, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Lesson Services, or your violation of these Tutor Terms of Service or any other policies applicable to use of the Services.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LEARNTEACHWORLD NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TUTOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEARNTEACHWORLD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LEARNTEACHWORLD'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TUTOR TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE TUTOR PAYMENT AMOUNTS LEARNTEACHWORLD HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF LESSON SERVICES VIA THE SITE AND SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS GREATER). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEARNTEACHWORLD AND YOU.
THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT LEARNTEACHWORLD’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LEARNTEACHWORLD’S LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY LEARNTEACHWORLD, OR FOR LEARNTEACHWORLD’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
All trademarks, service marks, logos, trade names and any other proprietary designations of LearnTeachWorld used herein are trademarks or registered trademarks of LearnTeachWorld. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Tutor Terms of Service constitute the entire and exclusive understanding and agreement between LearnTeachWorld and you regarding the Site, Services and Collective Content, and these Tutor Terms of Service supersede and replace any and all prior oral or written understandings or agreements between LearnTeachWorld and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Tutor Terms of Service, by operation of law or otherwise, without LearnTeachWorld's prior written consent. Any attempt by you to assign or transfer these Tutor Terms of Service, without such consent, will be null and of no effect. LearnTeachWorld may assign or transfer these Tutor Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Tutor Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Tutor Terms of Service, will be in writing and given: (i) by LearnTeachWorld via email (in each case to the email address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If a dispute arises between you and LearnTeachWorld, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Tutor Terms of Service or the Services or your use of the Services (a "Claim") in accordance with the subsections below.
General. You and LearnTeachWorld agree that any dispute, claim or controversy between you and LearnTeachWorld, or otherwise arising out of or relating to these Tutor Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide LearnTeachWorld with written notice of your desire to do so by email at https://www.LearnTeachWorld.com/contactus/ or regular mail at our offices located at LearnTeachWorld, Inc., 3990 Freedom Circle, Santa Clara, CA 95054, Attn: General Counsel within thirty (30) days following the date you first agree to these Tutor Terms of Service (such notice, an "Arbitration Opt-out Notice"). If you do not provide LearnTeachWorld with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and LearnTeachWorld are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and LearnTeachWorld otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Tutor Terms of Service. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.
Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Tutor Terms of Service. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and LearnTeachWorld otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LearnTeachWorld submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Tutor Terms of Service as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. LearnTeachWorld will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, LearnTeachWorld will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. If LearnTeachWorld changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to tutors-support@LearnTeachWorld.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and LearnTeachWorld in accordance with the provisions of this Section as of the date you first accepted the terms of these Tutor Terms of Service (or accepted any subsequent changes to these Tutor Terms of Service).
This "Legal Disputes" section shall survive any expiration or termination of your relationship with LearnTeachWorld.
The failure of LearnTeachWorld to enforce any right or provision of these Tutor Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LearnTeachWorld. Except as expressly set forth in these Tutor Terms of Service, the exercise by either party of any of its remedies under these Tutor Terms of Service will be without prejudice to its other remedies under these Tutor Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Tutor Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Tutor Terms of Service will remain in full force and effect.
If you have any questions about these Tutor Terms of Service, please contact LearnTeachWorld at tutors-support@LearnTeachWorld.com.