Welcome to WebWiseTutors.com (the "Site")
- User Materials.
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature that are transmitted to or via the Site by you ("User Materials") are the sole responsibility of you. This means you, and not us, are entirely responsible for the User Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to other materials that are offensive, objectionable or indecent. You shall not upload to, distribute through or otherwise publish through the Site any User Materials which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party. You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. You shall not collect or store personal data about other users. You acknowledge that we do not pre-screen any Materials posted by you or other users, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. You agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion.
- Company Materials; Grant of Limited License
All materials on the Site not submitted by you are owned by the Company, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Company Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Company or affiliated third party companies. All Company Materials on the Site are owned in whole by Company and except as provided below, you are granted no ownership in any Company materials by your access to the Site. Except as stated herein, none of the Company Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Company.
Company hereby authorizes you to view, copy, download and print the Company Materials available on the Site strictly in accordance with your user subscription, provided that: (i) the Company Materials are used solely for personal, non-commercial purposes and if you are a customer, the Materials are used only for the purposes of using the services expressly offered by Company; (ii) the Company Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided herein, nothing in this Section shall grant to you any ownership rights in the Company materials.
You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Company Materials will be retained by the Site, the maximum number of Company Materials that may be sent from or received by an account, the maximum size of any Company Materials, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.
- Electronic Signatures and Contracts.
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which is your sole responsibility.
- Registration Obligations.
To register for use of the Site and buy products and services offered, you represent that you are at least 18 years of age, that you are domiciled in the United States, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "User Data") and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- User Conduct.
As a condition of using the Site, you agree to all of the following:
- You must be registered with the Site to purchase and utilize products and services offered on the Site.
- At WebWise Education, we take pride in our high caliber tutors and therapists, and are committed to providing quality instruction. In an ongoing effort to assure our educators are top notch, we may join your student’s tutoring session as a silent observer. Our tutor/therapist observations, combined with student growth and your feedback, will allow us to continue to deliver the quality instruction that has become synonymous with WebWise Education.
- You are required to select a member identification ("UserName") and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.
- You are responsible for all activity that occurs under your UserName.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Site, or that you allow others to submit, post and/or display on the Site under your UserName.
- You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Site or used to administer the rules contained in this Agreement.
Further, while using the Site, you agree not to:
- upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the Site that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available to any other user of the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;
- transmit any worms or viruses, spyware, malware or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use the Site for any illegal or unauthorized purpose.
- transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users of the Site;
- employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
- attempt to gain unauthorized access to Company computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.
- "stalk" or otherwise harass anyone on or through the Service;
- collect any personally identifying data about other users of the Site for commercial or unlawful purposes;
- Links to Other Sites and Resources.
The Site contains links to other websites or resources. Company has no control over such external sites and resources. You agree that (i) Company is not responsible for the availability or accuracy of such external sites and resources, and (ii) Company does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external web site or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Warranty Disclaimers
YOU AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" BASIS, AND THAT YOUR USE OF THE SITE PROVIDED BY COMPANY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY COMPANY MATERIALS) LISTED FOR SALE ON THE SITE, OR ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SITE OR ANY PRODUCTS LISTED FOR SALE ON THE SITE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITEE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM USERS DIRECTLY CONTACTING OTHER USERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SITE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SITE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SITE.
- Limitation of Liability
YOU AGREE THAT COMPANY, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) THE RESULTS YOU EXPERIENCE FROM UTILIZING THE PRODUCTS AND SERVICES OFFERED ON THE SITE; OR (VI) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE TOTAL AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SITE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Site will immediately cease. You may terminate your account at any time and for any reason, and we will make available through the Site reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
- Miscellaneous Provisions
- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The Service is operated by Company from its offices in Los Angeles, CA in the United States of America. Company makes no representation that materials or content on the Site are appropriate or available for use in other locations. Those who choose to access the Site 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.
- Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be submitted to the state and federal courts of the state of California, and you hereby agree to submit to the exclusive jurisdiction thereof.
- Waiver and Severability. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. Company may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Site.
- Future Modifications of Terms of Service. Company reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Site indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Site or access the site.
- Future Changes in The Site. Company reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Site or any part thereof with or without notice. Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- Contact Information. To send any questions or comments, or to report any violations of these terms, please e-mail: firstname.lastname@example.org.