tMeTutor, Inc. ("Seemetutor", "our", "us" or "we") is the proprietary owner of a website called Seemetutor.com ("Seemetutor.com","Website", "Site"). Seemetutor.com is a website that offers a audio/video/ messaging platform which connects tutors with individuals who are seeking tutorial services.
The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, including all associated intellectual property rights, are the exclusive property of Seemetutor and its agents and assigns. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
�Tutor� means an educational service provider who has registered on Seemetutor.com as a tutor.
"Content" means graphics, pictures, text, images, audio, video, software, information or other materials.
"Seemetutor Content" means Content that We make available through the Site , including any Content licensed from a third party, but excluding User Content.
�Tutorial Lessons� means any teaching, tutoring or educational services that a User may obtain or receive from one of the Tutors found on the Site.
�User� (Sometimes referred to as "You") means a person who has registered on the Site and has at any time funded his/her account. A User may act for themselves or on behalf of a child. All registered Users must be at least 18 years old. However the individual receiving the Tutorial Lesson may be any age over 13 years.
"User Content" means Content that a Tutor or User posts, uploads, submits or transmits and is made available through the Site.
You understand and agree that Seemetutor acts only as a matching website to facilitate communications between Tutors and those who are seeking Tutorial Lessons. Seemetutor collects monies from Users on behalf of Tutors and then forwards those monies directly to the Tutors less the Site fee and money transfer fees. You understand that Seemetutor does not have an employer/employee relationship with any of the Tutors. Seemetutor only provides the online platform which allows for You to choose the Tutor that suites You most. The Tutors are not agents of Seemetutor and can in no way bind Seemetutor in any contractual agreement; whether written or oral. Seemetutor has no control over the Tutorial Lesson or the conduct of the Tutors or any other User of the Site. You understand and agree that Seemetutor acts only as a matching website to facilitate communications between Tutors and those who are seeking Tutorial Lessons. Seemetutor collects monies from Users on behalf of Tutors and then forwards those monies directly to the Tutors less the Site fee and money transfer fees. You understand that Seemetutor does not have an employer/employee relationship with any of the Tutors. Seemetutor only provides the online platform which allows for You to choose the Tutor that suites You most. The Tutors are not agents of Seemetutor and can in no way bind Seemetutor in any contractual agreement; whether written or oral. Seemetutor has no control over the Tutorial Lesson or the conduct of the Tutors or any other User of the Site. By using the Site You agree to release Seemetutor, its agents and assigns, of any and all liability which may occur as a result of any Tutors' action or inaction. Seemetutor IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TUTORIAL LESSONS PROVIDED BY TUTORS ARE DONE AT THE USER'S SOLE RISK. Seemetutor does not endorse any of the Tutors on the Site. In addition, although the Seemetutor "Terms of Service - Tutors" require Tutors to provide accurate information, we do not attempt to confirm, and do not confirm, any Tutor's purported identity. We are not Your agent or the agent of any Tutor. 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, You, and any Permitted User or third party that may use the Site under Your Account, agree
(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) not to attempt to impose liability on, or seek any legal remedy from Seemetutor with respect to such actions or omissions. In addition, Seemetutor is not responsible for the use or exchange of any information or files between Tutors and Users.
Further, Seemetutor does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or Users.
Therefore, You are encouraged to communicate directly with others You may come into contact with as a result of Your use of the Site. If You ever believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, Seemetutor urges You to immediately contact the police directly for assistance. YOU CONFIRM AND AGREE THAT, BY ACCESSING AND UTILIZING Seemetutor.COM, OR BY CONTACTING A TUTOR ON THE SITE, OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ, AND UNDERSTAND THE HEREIN TERMS OF SERVICE - USER. IF YOU DO NOT AGREE TO THESE TO THESE TERMS OF SERVICE - USER OR YOU DO NOT WISH TO BE BOUND BY THEM, THEN YOU ARE NOT AUTHORIZED AND MAY NOT ACCESS OR USE THE SITE IN ANY MANNER In order to be able to fund an account and to start accessing the Tutors on Seemetutor.com for Tutorial Lessons, You must register. All Users who register are hereby representing and warranting that they are at least 18 years of age. However, an individual under 18 years ("Minor") of age may receive Tutorial Lessons as long as the User consents to the Minor receiving the lesson while logged in under that User's account. Any individual who is permitted to use the Site under a User's account is called a "Permitted Users". NO PERMITTED USER MAY BE UNDER 13 YEARS OF AGE. When You register with Seemetutor.com and set up Your Account, You: (I) agree to provide accurate and complete information; (ii) agree to promptly update Your Account information with any new information that may affect the operation of Your Account. You will not use false identities or impersonate any other person or use a password that You are not authorized to use. You are responsible for safeguarding and maintaining the confidentiality of Your login information and corresponding Account information. You agree not to disclose Your password to any third party and that You are entirely and solely responsible for any and all activities or actions that occur under Your Account, whether or not You have authorized such activities or actions. You will immediately notify the Seemetutor.com administrator of any unauthorized use of Your password or Account. In order for a User to commence a Tutorial Lesson a User must fund his/her account. Users must provide valid payment information and must be at least 18 years old. Tutorial Lessons are purchased in time blocks of 25 minutes. Each time block purchased has an expiration date which is 14 days from the date that it was purchased. Users may use the time block in any increments that they chose; from one minute to the full twenty-five minutes. However, each time a User accesses a Tutor for a Tutorial Lesson, there is a minimum of ten (10) minutes that will be charged against the User's account. All partial minutes of Tutorial Lessons used are rounded up. Detailed information about pricing is available on the Pricing page. All purchases are considered pre-payments for the time that will be used in the future by the User. Any portion of the time block that is not used by the User prior to the expiration date will be forfeited. All fees for Tutorial Lessons are non-refundable, except as expressly provided in these Terms of Service - User and You agree all sales are final. If You pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. In each Users account, each User will be able to access an itemization of all Tutorial Lessons that were completed within the preceding 90 days. If for some reason there is a discrepancy concerning the charges, You may contact us at support@Seemetutor.com. Any and all disputes must be made in writing and must be made within 7 days after the completion of the Tutorial Lesson. Seemetutor may require You to submit additional information in order to make a determination regarding Your balance. All decisions regarding Your balance will be final and at Seemetutor's sole discretion. Notwithstanding the foregoing, Seemetutor is not responsible if Your Account is accessed or used by a third party without Your permission. All refunds are at Seemetutor's sole discretion. If You experience a serious problem contact us at support@Seemetutor.com. You may receive credits for Tutorial Lessons. Credits are non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, applied to any other Account and have no value outside of the Site. Any attempt to do any of the foregoing is in violation of these Terms of Service - User and will result in the termination of Your rights to use the Credits. Seemetutor facilitates the interaction between Tutors and those requiring tutorial services. Seemetutor does not make decisions related to the control or supervision over Tutorial Lessons or the content of those Tutorial Lessons. Seemetutor does not endorse Tutors and Users are encouraged and are responsible for doing due diligence in all aspects when choosing a Tutor on Seemetutor.com You agree to access and use Seemetutor.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to Your use of Seemetutor.com, including any interactive area on the Site. By accessing Seemetutor.com You agree that You will not: (i) post or use Seemetutor.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not Your own Content or to otherwise interfere with the ability of others to access Seemetutor.com; (iv) disrupt the normal flow of communication in any interactive area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which You are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, servicemark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on Seemetutor's behalf. Notwithstanding any other provision of this Agreement, You agree that You will indemnify SeemMeTutor for any knowing or unknowing breach of this paragraph. Your use of the Site may involve the exchange of file attachments between You and an Tutor. Seemetutor is not responsible or liable for the content of such attachments. You acknowledge sole responsibility for and assume all risk arising from Your downloading any such attachments. Seemetutor reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms of Service - User, at any time and without prior notice. If we modify these Terms of Service - User we will post the modification on the Site or provide You with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service - User. By continuing to access or use the Site 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 Terms of Service - User. If the modified Terms of Service - User are not acceptable to You, Your only recourse is to cease using the Site. If You breach any of these Terms of Service - User, Seemetutor will have the right to suspend or disable and terminate Your Account, at its sole discretion and without prior notice to You. Seemetutor reserves the right to revoke Your access to and use of the Site, with or without cause. In the event Seemetutor terminates Your access to the Site for Your breach, You will remain liable for all amounts due hereunder. You may cancel Your Account at any time by sending an email to support@Seemetutor.com. THIS PARAGRAPH APPLIES IN ALL STATES AND JURISDICTIONS IN WHICH SUCH TERMS ARE VALID AND ENFORCEABLE. Seemetutor IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN INTERACTIVE AREAS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INTERACTIVE AREAS FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. YOU AGREE THAT YOUR USE OF Seemetutor.COM, INCLUDING ANY INTERACTIVE AREA, IS AT YOUR OWN RISK. NEITHER Seemetutor, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT Seemetutor WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Seemetutor.COM OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF Seemetutor.COM. Seemetutor.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL Seemetutor OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF Seemetutor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE Seemetutor.COM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Seemetutor'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES Seemetutor'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED IN THIS SECTION. Some links on the Site lead to sites posted by independent site owners. Seemetutor does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Seemetutor and the linked sites. USER HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD Seemetutor HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO (A) A THIRD-PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT BASED ON INFORMATION, DATA, FILES OR OTHER CONTENT SUBMITTED BY USER, (B) ANY FRAUD, MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT BY A USER OR USERS, OR (C) ANY THIRD-PARTY CLAIM, ACTION OR ALLEGATION BROUGHT AGAINST Seemetutor OR RELATED COMPANY ARISING OUT OF OR RELATED TO THE USE OF Seemetutor.COM. Seemetutor WILL HAVE THE RIGHT TO PARTICIPATE IN ITS DEFENSE AND HIRE COUNSEL OF ITS CHOICE, AT USER'S EXPENSE. USER WILL NOT SETTLE ANY ACTION OR CLAIMS ON Seemetutor'S BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF Seemetutor. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Seemetutor in any respect whatsoever. These Terms of Service - User and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms of Service - User constitute the entire and exclusive understanding and agreement between Seemetutor and You regarding the Site and all the services offered on the Site. These Terms of Service - User supersede and replace any and all prior oral or written understandings or agreements between Seemetutor and You regarding the Site. You may not assign or transfer these Terms of Service - User, by operation of law or otherwise, without Seemetutor's prior written consent. Any attempt by You to assign or transfer these Terms of Service - User, without such consent, will be null and of no effect. Seemetutor may assign or transfer these Terms of Service - User, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service - User 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 Terms of Service - User, will be in writing and given: (i) by Seemetutor via email (in each case to the 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. You and Seemetutor agree that any dispute, claim or controversy between You and Seemetutor, or otherwise arising out of or relating to these Terms of Service - User or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that You and Seemetutor 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 Seemetutor otherwise agree in writing, 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 "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service - User. Arbitration Rules and Governing Law. 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 "Dispute Resolution" section. (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. 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 a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) 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 Seemetutor otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, and You pursue Your claim in arbitration, then the arbitration will be conducted solely on the basis of documents You and Seemetutor 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 Service - User of the "Limitation of Liability" section above 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. Seemetutor 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. 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, Seemetutor 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. Notwithstanding the provisions of the "Modification" section above, if Seemetutor changes this "Dispute Resolution" section after the date You first accepted these Terms of Service - User (or accepted any subsequent changes to these Terms of Service - User), You may reject any such change by sending us written notice (including by email to support@Seemetutor.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Seemetutor's email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Seemetutor in accordance with the provisions of this "Dispute Resolution" section as of the date You first accepted these Terms of Service - User (or accepted any subsequent changes to these Terms of Service - User). The failure of Seemetutor to enforce any right or provision of these Terms of Service - User 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 Seemetutor. Except as expressly set forth in these Terms of Service - User, the exercise by either party of any of its remedies under these Terms of Service - User will be without prejudice to its other remedies under these Terms of Service - User or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service - User invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service - User will remain in full force and effect. If You have any questions about these Terms of Service - User, please contact Seemetutor at support@Seemetutor.com or at 17147 Avenue Le Rivage, Boca Raton, Florida 33496.