Terms of Use

1. Overview

The Tutorgiant.com, World Wide Web site, the services provided in connection therewith (the Services) operated and maintained, as applicable, by Tutorgiant.com, Inc. ("we", our or us). By (1) using or accessing the site or the Services (2) paying for someone else to use or access the site or the Services, you agree to the terms and conditions set forth below (Terms). If you do not agree with these Terms, neither you nor your designee or giftee may access, or use (as applicable), the site or the Services. For the purposes of this agreement, you means a parent or guardian who pays for access to the Services as well as the student who accesses or uses the Services. If you are a parent, guardian, or other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site and Services constitutes your agreement to such changes. You agree to periodically look over the current version of these Terms as posted on the site.

2. Services

Through our Services and site we enable users to watch pre-recorded classroom lessons by teacher/tutors. The Services include, without limitation, unlimited access to the video package that has been purchased, and access to printouts relating to the videos.

As part of the Services, we require all teachers to pass a Tutorgiant.com verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of teachers' claimed educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Teachers.

You are solely responsible for all service, other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

The Services are available 360 days of each standard year, and 361 days of each leap year. The Services are not available when networks are not functioning or are over capacity.

As an online service Tutorgiant.com may periodically be unavailable as we perform regular maintenance and upgrades.

3. Privacy Policy

We are concerned about privacy and your privacy while accessing the site and using the Services. Please review our Privacy Policy on the site.

4. Registration Obligations

To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify Tutorgiant.com immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).

You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. (An exception to this is that we will never share your credit card information. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, (b) maintain and promptly update your information to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Teachers or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.

If you reside outside Canada, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country-including the United States. Your personal information shall only be used in accordance with our Privacy Policy.

5. Videos, Teacher Notes, Worksheets

You, the user, acknowledge that you may not, in any way, use, reproduce, modify, publish, distribute, perform, display, and transmit content from any video, teacher notes, and worksheets from Tutorgiant.com. You may copy and print out any teacher note and worksheets for home use only.

6. Copyright

You acknowledge that the technology underlying the Services, and all other, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, , video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site, or the Services are the proprietary works of us and are protected, without limitation, pursuant to Canadian and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other content, the site or the Services. You may not store any significant portion of any content or the Services in any form, whether archival files, computer-readable files or any other medium.. Any unauthorized or prohibited use of, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

7. Confidential Information

It is agreed upon that you will safeguard the Company Content and the Services and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. It is agreed upon to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys' fees and expenses) in connection with such prohibited use or disclosure.

8. Links

The site or the Services may provide links to non-Tutorgiant.com, sites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

9. Conduct

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the Site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. It is agreed upon that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the Site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. It is agreed upon and acknowledged that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public. It is agreed upon that if you access our system through any method that is in any way improper, or allow anyone else to do so, you will pay us the dollar amount price of the membership package that has been violated, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system. It is agreed upon that these costs may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of this document, improper access means any access other than following our defined procedures for creating a valid account and paying for the video package you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple "get started" promotion codes or offers, and credit card fraud.

10. Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TEACHERS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

11. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

12. Trademark Notice

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Canadian and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication , or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a link to any other Web site unless approved by us in advance in writing.

13. Local Laws; Export Control

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Canada or its citizens, you may not use this Site..

14. Modifications to the Service

We may add, change or eliminate features, pricing, and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

15. Termination

We may terminate Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period, unless you renew have renewed your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the site and use of the Services.

16. General

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

17. Purchase, Payment and Billing

Tutorgiant.com offers 30 day or 90 day membership types. Tutorgiant.com accepts the following forms of payment: Visa, MasterCard, and American Express.

18. Satisfaction of Service

If you do have an unsatisfactory video, please let us know about your experience so that we may investigate and hopefully improve our service. To report an unsatisfactory session you can e-mail us. Please remember, it is strongly recommended that you follow our suggested guidelines for optimal results.