RentMyTutor.com Terms of Use

Updated as of August 30, 2021

Welcome to the RentMyTutor.com Tutoring service (the “Service”). The terms and conditions in this document (the “Terms of Use”) apply when you view or use the Service via our website located at https://RentMyTutor.com, our RentMyTutor.com web app located at https://RentMyTutor.com.com (the “App”). Throughout the Terms of Use, RentMyTutor.com may be referred to as “RentMyTutor.com ”, “we”, “us”, or “our”. “You” includes both you, the student user, and your parent or legal guardian who, if you are under the age of 18, has consented to your use of the Services and your agreement to these Terms of Use.

Please review the Terms of Use carefully. By accessing or using the Service, you signify your agreement to the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Service. If you are a parent or legal guardian and you provide consent for your child to register for the Service, you agree to be bound by these Terms of Use in respect of your child’s use of the service.

PRIVACY POLICY

RentMyTutor.com respects the privacy of the users of the Service. Please refer to our Privacy Policy (found here: https://RentMyTutor.com.com/terms; the “Privacy Policy”) which explains how we may collect, use, and disclose your personal information. By accessing or using the Service, you signify your agreement to the Privacy Policy.

ABOUT THE SERVICE

The Service allows you to learn about a wide variety of topics, including computer science, mathematics, and other subjects, anywhere. Users work with instructors via video conference to learn a range of topics, including HTML, C++ and other programming languages. The RentMyTutor.com web app, which may be accessed via the web or on your mobile device, is the main hub for users to access and use the Service, and allows users to schedule classes, see an overview of current and future coursework, assemble and publish projects, interact via RentMyTutor.com Clubs and many more features in the future.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You must be a resident of Trinidad and Tobago and of legal age to form a binding contract to register for the Service. If you are under 18 years old and thus, are not yet of legal age to form a binding contract, your parent or legal guardian must read these Terms of Use and agree to them before you use the Service. If you are under 18 and your parent or legal guardian has consented to your use of the Service, then both you and your parent or legal guardian agree that you will only use or access the Services in accordance with these Terms. The Service is not available to (i) any users previously suspended or barred from the Service by RentMyTutor.com or (ii) any persons under the age of eighteen (18) years old whose usage of the Service has not been approved by a parent or legal guardian. By using or registering for the Service, you represent (a) that you have not been previously suspended or barred from the Service by RentMyTutor.com ; (b) that you are either (i) at least 18 years old or (ii) your parent or legal guardian has consented to your use of the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. As a user of the Service, you will create a personalized account (an “Account”) which includes a unique username and a password to access the Service and to receive messages from RentMyTutor.com . You agree to notify us immediately if you become aware of any unauthorized use of your Account. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account. Guest Account. You may be invited to join RentMyTutor.com as a guest if invited by an existing member of RentMyTutor.com . If you are invited by an existing member, you will receive the invitation in an email from RentMyTutor.com. Upon receiving the email, you will need to register for a guest account. RentMyTutor.com guests will receive access to the RentMyTutor.com platform, allowing them to create projects, chat with other RentMyTutor.com members in a group forum and participate in free activities. However, ALL guests will need to register and pay the (membership) course fee in order to attend any classes offered by RentMyTutor.com or access other benefits of the RentMyTutor.com platform.

MEMBERSHIP

Membership for the Service is set out here: https://RentMyTutor.com.com/membership/. Each user must complete the enrollment form for the Service, which may be completed online or by telephone interview with a Service representative. Membership is billed on a termly basis, unless otherwise agreed at enrollment, based on the particular membership plan chosen by you. We may terminate your use of the Service if the membership is not paid for in a timely manner.

Consultation. You may enroll for the Services for a FREE 15-minute consultation during which time you will not be charged. You will need to provide a valid credit card at the time of enrolling for the Services. After the end of the consultation, your credit card will be charged in advance for the membership for the coming term. You can cancel the Services at any time during the two-week trial period by logging into your Account and cancelling the Services. You will not be charged if you cancel during the two-week period.

USE RESTRICTIONS

You agree that, in your use of the Service, you will not under any circumstances:
post anything that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use the Service for any unlawful purpose or for the promotion of any illegal activity;
undertake to harass, abuse or harm another person or group;
use another user’s account, user name, or password;
provide false or inaccurate information when registering or updating an Account;
undertake to interfere with the proper functioning of the Service;
make any unauthorized automated use of the system, or take any action that does or might impose an unreasonable or disproportionately large load on our servers or network infrastructure, as determined in our sole discretion;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING & CONDUCT RESTRICTIONS

As part of the Service, you may be able to post or otherwise make available for viewing by you and/or other users content generated by you (“User Content”). User Content includes, but is not limited to, comments, questions, notes, reviews, ratings, messaging, images, projects, audio and video content, and computer code (including object and source code). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We may, however, remove, modify or moderate any User Content from the Service at our sole discretion.

You agree that, in your use of the Service, the following rules apply regarding User Content:
you are solely responsible for your Account and for any User Content posted, uploaded, linked to, or otherwise made available via your Account;
you will not post User Content that is malicious, false, or inaccurate;
you will not submit as User Content anything that is subject to third party proprietary rights, including, but not limited to, copyright, privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the lawful holder of such rights to specifically submit such User Content; and
we have the sole right to (i) determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, (ii) remove any or all of your User Content submissions, and (iii) terminate your Account with or without prior notice for violating these Terms of Use.

You understand and agree that any liability, loss, or damage arising from or related to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor, moderate and/or record your interactions with the Service.

 

ONLINE CONTENT DISCLAIMER

Though RentMyTutor.com strives to enforce these Terms of Use for all users, you may nonetheless be exposed to User Content that is inaccurate or objectionable. We may, but have no obligation to, monitor the materials posted in the public areas of the Service and to limit or deny a user’s access to the Service, notify law enforcement, or take other applicable action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or is, as determined in our sole discretion, unlawful, offensive, abusive, harmful, or malicious. To the extent the Service offers a feature to communicate with other users, messages sent between users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law, but may otherwise be accessed, viewed, copied, stored, forwarded, and displayed by us as may be reasonably necessary to enforce these Terms of Use or in compliance with applicable law. Unauthorized use of the Service may result in criminal and/or civil prosecution under law or applicable regulations. If you become aware of misuse of our Service, please contact us at [email protected]

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may make available to you convenient links to third-party websites (“Third-Party Sites”) as well as applications, software, content, or other materials belonging to or originating from third parties (the “Third-Party Content”). These links are provided as a courtesy to users of the Service. RentMyTutor.com has no control over Third-Party Sites, Third-Party Content, or the promotions, materials, information, goods, or services available on or via Third-Party Sites or Third-Party Content. Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or any Third-Party Content linked to, posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or Third-Party Content in your use of the Service does not signify or imply approval or endorsement thereof by us whatsoever. If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer govern and you will be subject to the terms and policies associated with such Third-Party Sites and Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the Service.

DISCLAIMER – USE OF THIRD-PARTY COMPANY NAMES AND TRADEMARKS

We may from time to time use third-party company names or trademarks on our website. This use is solely to help reference for you the specific type of educational services we offer (e.g., programming language). We are not affiliated with these companies, we do not own their trademarks and we are not endorsing their products. The company names and trademarks are all owned by third parties.

LICENSES TO YOUR USER CONTENT

You retain ownership of and responsibility for your User Content. However, in order to provide the Service, you grant to us and to other users, as applicable, the rights described below, with no compensation or payment of any kind. You retain all rights in your User Content not explicitly granted to us or other users in these Terms of Use.

You grant to us and our legal successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your User Content in our provision of the Service. This includes, but is not limited to, the right to makes copies and backups; present your User Content to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform any of your User Content which may include audiovisual works such as music or video. This license applies to your User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and also applies to your name, voice, and likeness, to the extent incorporated into your User Content.

You also grant to us permission to use your name, voice, image, picture, likeness, and User Content in the promotion of the Service, in the form of showcased users of the Service on the Service website and other reasonable promotional activities.

For any of your User Content which is shared publicly, you grant each other user of the Service a nonexclusive, worldwide license to use, display, and perform your User Content through the Service and, if applicable, to reproduce your User Content solely on the Service, as enabled by the features of the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we, including our licensors, retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Trademarks for Third-Party Sites, Third-Party Content, and other products, services, or materials that may be mentioned or indicated via the Service are the intellectual property of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to us or any of our officers, employees, agents, or representatives in any situation where notice to us is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For all notices and communications relating to these Terms of Use, you (a) consent to receive communications from us in electronic form via the email address you have submitted; and (b) agree that these Terms of Use (including updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about your classes, coursework, account status, and other aspects of your use of the Service, as well as other messages about RentMyTutor.com and special offers. In addition, we want to know how we are doing so you may receive email surveys regarding the Service. You may customize your communications options by changing your Account settings or sending an email to [email protected]

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, RentMyTutor.com EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RentMyTutor.com MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THEREFROM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RentMyTutor.com , ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH RentMyTutor.com OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RentMyTutor.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.

INDEMNIFICATION

You shall indemnify and hold harmless RentMyTutor.com and its directors, officers, and employees, and pay any costs (including attorney fees), expenses, awards, settlement, or other obligation, arising from the assertion of a third-party claim, action, or lawsuit that is based upon: (i) your breach of these Terms of Use; (ii) your failure to comply with any instructions or manuals provided by us for using the Service; (iii) your use of the Service with any third party product or service not authorized by us, or; (iv) your violation of any third party rights in your use of the Service, including, but not limited to, infringement of intellectual property rights, privacy, and harassment.

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time, and the latest version will be posted on the Service website with the “Effective as of” date reflecting the date of the latest version. It is your sole responsibility to check the Service website from time to time to view any such changes in these Terms of Use. Your continued use of the Service will signify your agreement to the updated Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of RentMyTutor.com ’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of RentMyTutor.com . No purported waiver or modification of these Terms of Use by us via telephone or email communications shall be valid.

MISCELLANEOUS

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of RentMyTutor.com to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of this
Agreement to the extent necessary to give full effect to their intended purpose. These Terms of Use and your use of the Service are governed by laws of Trinidad and Tobago, without regard to conflict of law provisions. The parties hereby consent to the exclusive jurisdiction and venue in any court of competent jurisdiction located in Trinidad and Tobago for the adjudication of any disputes arising from or relating to the Service or these Terms of Use.

Any lawsuit or other legal proceeding based on a cause of action arising from or related to these Terms of Use or the Service must commence within one (1) year after such cause of action accrues. After such one (1) year period, such cause of action shall be permanently barred.

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you shall be void.

These Terms of Use, together with the Privacy Policy, represent the complete and exclusive understanding of the agreement between us and you regarding the Service, and that these Terms of Use supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Service.

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