Welcome to CompareTutors.com!
CompareTutors, Inc. and its affiliates provide their services to you subject to
the following conditions. The same conditions apply to anyone’s use of CompareTutors.com
features and services. Please take the time to read this agreement carefully. Your
exploration of the CompareTutors.com website and use of our services is your acknowledgment
that you have read and agree to be bound by these terms and conditions.
Privacy Policy
Please also review the CompareTutors.com Privacy Policy, a copy of which is available
on this website. The CompareTutors privacy policy is incorporated into this agreement
by reference. By using our website and services, you are expressly agreeing to the
use and disclosure of your personally identifiable and other information as described
in the privacy policy. Click here to review the privacy policy.
Use of the Website and Services
When you access the CompareTutors.com website, we provide you with the opportunity
to take advantage of our services and features contingent your acceptance of certain
conditions. You may also be asked to enter into additional agreements before being
permitted to access certain of our services. These further agreements are in addition
to these terms and conditions. They will govern your use of the services covered
by the additional agreements in the event of a conflict between the terms of this
agreement and those additional agreements.
Both registered and unregistered users have access to CompareTutors.com. The terms
“registered user” and “unregistered user” are defined in the privacy policy. Whether
you choose to become a registered user of our website is up to you. If you choose
to become a registered user, we will ask you to submit certain personal information.
When you submit your personal information, you represent to us that it is true and
complete. Among other things, accurate information helps us to provide better services
to you.
By accessing the website or otherwise using the services, you acknowledge that you
have read, understand and agree to be bound by this agreement. If you do not agree
with any of the terms of this agreement, you do not have permission to access the
website or use the services. We reserve the right, at our sole discretion, to modify
this agreement at any time by posting a modified version of this agreement to the
website. You agree to be bound by the modified Terms of Use through your continued
access to the Site or use of the Services.
License
With your access and use of this website and services, you agree to use the website
and services only for lawful purposes. You also agree that you will not: (a) license,
sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party our website or services;
(b) modify or make derivative works based upon our website or services; or (c) reverse
engineer, disassemble, decompile, or otherwise attempt to derive the source code
or method of operation of our website or services, or authorize any third party
to do any of the forgoing.
Copyright and Trademarks
CompareTutors.com owns the rights, title, and interest in and to our website and
services, including the intellectual property rights. Intellectual property rights
are all worldwide patent, patent applications, copyrights, trade secrets, trademarks,
service marks, trade names and any other intellectual property, proprietary, and
database protection rights. Furthermore, the CompareTutors.com name and logo are
our trademarks, and no right or license is granted to you herein to use such trademarks.
Linked Websites
Our website may contain links to third party websites that are offered as a convenience.
Those third party websites are not under our control and we are not responsible
for any content on any linked website. Our inclusion of third party links does not
imply that we endorse or accept any responsibility for the content on those websites.
If you access a third party website from our website, then you do so with the understanding
that the risk is yours.
Representations and Warranties
You represent, warrant and covenant that: (1) You have the legal right and authority
to enter into this agreement, and, if you are accepting this agreement on behalf
of a company or other entity, to bind the company or other entity to the terms of
this agreement; (2) You have the legal right and authority to perform your obligations
under this agreement and to grant the rights and licenses described in this agreement
and in any applicable additional agreement you enter into in connection with our
website and any of our services; (3) All information that you provide to us in connection
with this agreement and your access to our website and use of the services is correct
and current.
Indemnification
You agree that you will indemnify, defend, and hold harmless CompareTutors, Inc.
and each of its respective employees, officer, directors, and affiliates, from any
and all claims, losses, liabilities, damages, fees, expenses and costs (including
attorneys’ fees, court costs, damage awards, and settlement amounts) which result
from any claim or allegation against any of those indemnified parties arising from:
(a) your accessing our website or use of our services including any materials disseminated
or transmitted by you and/or your affiliates; (b) your breach of any term of this
agreement; or (c) your negligence or intentional misconduct hereunder. We will provide
you with notice of any such claim or allegation, and we will have the right to participate
in the defense of any such claim at its expense.
Disclaimer
THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE
CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEBSITE
AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME THAT MAY OCCUR FROM
TIME TO TIME. COMPARETUTORS DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE
SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMER’S
REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES
WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. COURSE ADVISOR DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY COMPARETUTORS
WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU
AGREE THAT YOUR ACCESS TO THE WEBSITE AND THE INFORMATION THEREON IS AT YOUR OWN
RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH
ACCESS TO THE WEBSITE OR USE OF THE SERVICES.
Limitation of Liability
IN NO EVENT WILL COMPARETUTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE WEBSITE, THE INFORMATION
THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY
TO USE THE WEBSITE, EVEN IF COMPARETUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
General Provisions
These Terms of Use are the complete and exclusive statement of the agreement between
CompareTutors and you regarding the website and services and supersede any other
agreement or proposal, oral or written (including information on our website), and
any other communications between CompareTutors and you. These Terms of Use will
be governed by the laws of the State of Massachusetts without regard to conflicts
of law principles. All disputes arising under this agreement must be brought in
the state or federal courts located in Massachusetts. Each party irrevocably hereby
consents to the jurisdiction and venue of any such court in any such action or proceeding.
There are no other third party beneficiaries under this agreement. The waiver of
a breach of any provision of this agreement will not operate or be interpreted as
a waiver of any other or subsequent breach. If any provision of this agreement is
deemed unenforceable, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect. You may
not assign, delegate or otherwise transfer this agreement or any of your rights
or obligations under this agreement without the prior written consent of us. Any
such assignment, delegation or transfer in violation of the foregoing will be null
and void.
Your access our website and services solely in accordance with the terms of this
Agreement. We reserve the right, at our sole discretion, to terminate this agreement
or your access to any part of the website or the services with or without notice
to you and with or without cause. Upon termination of this agreement, all rights
and licenses granted to you in this agreement will immediately cease to exist. The
provisions of the general provisions, privacy policy, linked sites, limitation of
liability, disclaimer, indemnification, representations and warranties, and use
of website and services of this Agreement will survive termination of the Agreement
for any reason.
Notices
Any notice by you under these Terms of Use must be delivered in writing by courier,
by electronic facsimile, or by certified or registered mail (postage prepaid and
return receipt requested) to CompareTutors’s address set forth on the website. Such
notice will be effective upon receipt or 3 business days after being deposited in
the mail, whichever occurs sooner. We may deliver a notice to you by posting of
a general notice on the website, which will be effective 48 hours after posting
to the website.
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