Terms of Service

Term of service TrackTutoring

Track Tutoring Terms of Service
Effective as of: October 18, 2023

Track Tutoring LLC, a Delaware limited liability company (“Company”, “we”, “our” or “us”), provides access to the our website located at www.tracktutoring.com (“Site”) and related features, functionalities, services, and applications made available by us or from third party individuals providing the Tutoring Services (each a “Tutor”) through the Site (collectively, “Service(s)”). These Terms of Service (“Terms”) govern your access, use, participation, communication, purchase and/or receipt of Services on the Site as a User or otherwise. By accessing or using the Site and the Service, you accept and agree to be bound by these Terms. If you do not agree, you may not access the Site or use the Service. If you are entering into these Terms on behalf of one or more other people (whether as a parent, guardian or otherwise), a group, or a company or other entity for purposes of seeking Tutoring Services (defined below) for a student, then by accepting these Terms you represent and warrant to us that you are duly authorized to do so on behalf of all such person(s)/entity(ies) and to bind them to these Terms and that Company is fully entitled to rely on such fact in our performance under these Terms. The terms “you”, “your”, and “User” refer to and include, without limitation, any parent, guardian or other third party who uses and/or accesses the Services to seek and/or schedule Tutoring Services via online video tutoring sessions (“Sessions”) through the Site for or on behalf of a student. In all such cases, such User is responsible for any and all activities on the Site through their Account (defined below). These Terms include the Company’s Privacy Policy (“Privacy Policy”) and any additional terms and conditions presented by Company. These Terms shall bind and be applicable to all Users and other individuals using and/or accessing the Site and all Tutors offering Tutoring Services through the Site.

1. Our Services.

(a) Our Services include access to a web-based platform marketplace intended to virtually connect Users with a network of Tutors who desire to provide certain tutoring instruction to students (“Tutoring Services”) through the Site. In other words, the Company does not provide the Tutoring Services described in these Terms and does not employ any Tutors offering Tutoring Services on the Site. The Company’s role is strictly limited to offering you access to and use of the Site for purposes of providing you with the opportunity to retain Tutoring Services for or on behalf of a student and allowing Tutors to offer their Tutoring Services by hosting Sessions on our Site and processing payments from Users to Tutors on behalf of the parties involved.

(b) Our Services may include content, tools, and options intended to provide you with support related to your choosing and engaging a Tutor. Certain informative material provided to you is provided for general informational purposes only and is intended to assist your decision to schedule Tutoring Services for a student. Such material may include information and statements provided by or obtained from third parties, including Tutors (e.g., an individual’s past tutoring experience, educational background or certifications). You agree that Company is not liable for any advice or material provided by third parties that you rely on in your use or the Services. You agree that you are responsible for your own research and decisions, and that Company is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Site. Accordingly, Company makes no representations about the accreditations, qualifications, character, truthfulness or reliability of any Tutor statements or material, and while Company may perform criminal background check of Tutors, you acknowledge that the third party service provider engaged by Company to perform background checks shall be solely responsible for all conclusions and findings thereof and legal compliance related thereto. Further, the Tutoring Services that Tutors provide pursuant to these Terms are fully and entirely Tutor’s responsibility. Company is not responsible or liable for the actions or inactions of Tutor or other third parties in relation to the Tutoring Services provided by any Tutor on the Site. Company makes no representations to the accuracy or quality of the instruction or with respect to any definitive academic results or guarantees resulting from the Tutoring Services. A Tutor is never obligated by Company to pursue, agree to, accept or engage in Sessions requested by Users. If you would like to submit a report against a Tutor for an actual or alleged violation of the Tutor Code of Conduct or any of our other policies, please contact us at info@tracktutoring.com.

(c) In order to use the Site and our Services, you must register and open an account (“Account”) with Company. During the process of creating your Account, in order to access the Services, you are required to provide all necessary information indicated as mandatory fields in the registration process, which may include complete and accurate personal information, such as your name, email address, postal address, phone number, billing and payment information, and other details necessary to provide the Service (collectively, “User Information”). In order to connect you with a Tutor for purposes of obtaining Tutoring Services for or on behalf of a student, you may also be required to provide certain personal information relating to the student (such as, age, grade and/or subject matter) (“Student Information”). You represent and warrant that all User Information and Student Information you submit is truthful and accurate, and that you will maintain the accuracy of such information. If at any time such information details change or if you learn or suspect that such information has been used or obtained by a person not authorized to use it, please notify us immediately.

2. Use of the Site.

(a) You agree to access, use, participate and communicate on or through the Site only to the extent permitted under these Terms. Students must at all times use the Services only under the supervision of the User. By way of example, and not intended to be exhaustive, the list of conditions below govern your access, use, participation and communication on or through the Site.

  1. You will not disclose to or request from a Tutor any information that could be considered personal information including full name, address, telephone number, email address, social security number as well as information that would allow the either you or the Tutor to identify or locate the other, except through the methods, channels, and formats provided through the Site;
  2. You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Company, any Tutor or any other third party;
  3. You will not publish, distribute or disseminate on or about any topic, name, material or information that is inappropriate, profane, defamatory, infringing, obscene, disruptive, threatening, abusive, harassing, embarrassing, tortuous, indecent or unlawful;
  4. You will not violate any applicable local, state, federal or international laws or regulation;
  5. You will exercise reasonable judgment and take precautions to ensure that your potential biases, the boundaries of your competence, and the limitations of your expertise do not lead to or condone unjust practices;
  6. You will respect the rights of individuals to privacy and confidentiality, and all differences in culture, age, race, ethnicity, national origin, religion, gender identity, sexual orientation, disability, language and socioeconomic status;
  7. You will not engage in inappropriate relations or acts on the Site or with any Tutor; and
  8. You will not capture, record or otherwise obtain, publish, exploit, disclose or disseminate images, photographs, audio recordings, and/or audio-visual content of any Tutor (including the name, image, likeness, or other biographical material) or any Tutor’s residence, geographic location, or personal belongings during any Session or interaction through the Site.

(b) Company's determination concerning whether you comply with these Terms, including without limitation the conditions in this section above shall be the sole, final and binding determination based on Company's sole discretion.

(c) Tutors are not obligated to respond to any messages or provide Tutoring Services at your request. Tutors have the sole right in their discretion whether or not to choose to make themselves available. Each Session referred and accepted by a Tutor is treated as a separate service arrangement and contract with the User. Once a Tutor agrees to provide Tutoring Services, a contract is formed directly between User and Tutor with respect to the Tutoring Services to be provided during the applicable Sessions Tutor was engaged for.

3. Ownership.

(a) The Site, and the Services, and the information data, content, graphics, forms, artwork, images, photographs, functional components and software and all other materials and content available on the Site and the Services (each, a “Company Property” and collectively, the “Company Properties”) are protected by Intellectual Property Rights laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of the Company Properties only to the extent necessary and for the sole purpose of using the Services for your personal use in order to engage Tutoring Services through the Site. You acknowledge and agree the right to use any and all Company Properties is subject to these Terms. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter exist.

(b) As between you and us, we retain all right, title and interest in and to the Service, and all related Intellectual Property Rights. All rights in and to the Service not expressly granted herein are reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or through the Services are either our property, or the property of third party owners. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s).

(c) In addition to the User Information you provide, Users may post, share, upload, submit, communication or otherwise provide files, documents, or other information or materials (collectively, “Submissions”) to Company and Tutors during your use of the Services and through the Site and/or Sessions. Company and you acknowledge and agree that all Submissions shall be and remain the sole and exclusive property of you (as applicable) or the applicable third party owner to the extent such Submissions are protected by Intellectual Property Rights laws and not in the public domain. You specifically grant Company and its successors, licensees and assigns and to the Tutors retained by you through the Site the irrevocable, perpetual, royalty-free right and license to use, utilize, exhibit, display and otherwise use any and all Submissions posted, shared, uploaded, submitted, communicated or otherwise provided by you through the Site and/or Sessions. By posting, sharing, uploading, submitting, communicating, or otherwise providing Submissions as set forth herein, you represent and warrant that you own, control, or otherwise have obtained all necessary clearances and approvals of all rights in and to the Submissions, including without limitation, all rights necessary for you to exploit, use and submit the Submissions as described in this section.

4. Tutor Fees.

(a) You are responsible for all expenses and fees associated with your use and access of the Services. Before accessing the Tutoring Services, you will be prompted to purchase minutes through Company (or through its third party payment Service Partner (defined below)) to be used in connection with the Tutoring Services. For each Session, the minutes you purchased will then be deducted from your Account for the Tutoring Services performed. The deduction of minutes will directly correlate to the amount of minutes you have received Tutoring Services through the Site. . The price per minute for Tutoring Services will be displayed when you purchase the minutes, and you will be able to check your minute balance at any time. . Company (through its payment Service Partner) shall remit payment to the Tutor on a minute by minute basis according to the rate agreed upon by you and Tutor and the total time of the Session (“Tutor Fee”). Company may modify the Tutor Fee structure upon written notification to you and your continued use of the Site shall evidence your acceptance of the modification of the Tutor Fee structure. Tutors may modify their specific Tutor Fee minute rate at any time, in their sole discretion, without any notification to you and your continued use of the Site shall evidence your acceptance of the modification of the Tutor Fee minute rate.

(b) Upon completion of each Session, Tutor shall submit to Company through the Site a Session summary invoice including following information: (i) confirmation the Session occurred, (ii) a summary of the materials covered in the Session, (iii) the length of the Session completed, (iv) the Tutor Fee minute- rate; and (v) the aggregate Tutor Fee for the Session. Upon receipt of such invoice, Company (through its payment Service Partner) shall process and remit payment to Tutor. You authorize Company (and/or its payment Service Partner) to charge your specified credit card, debit card, or other payment method for the amount of pre-paid minutes you purchased via your Account. , and in accordance with these Terms and the terms and conditions of all applicable Service Partners.

(c) We encourage you to make good faith efforts to schedule and complete your Tutoring Services once you purchase pre-paid minutes. If, despite such efforts, you are unable to receive the expected Tutoring Services and wish to request a refund for your purchase of pre-paid minutes, please contact info@tracktutoring.com with an explanation of the situation. The Company will issue a refund on your pre-paid minutes and remove the minutes from your Account if you are unable to schedule and complete your Tutoring Services despite your good faith efforts do so.

(d) Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated Tutor Fee as set forth in this Section. Except as required by law or otherwise as described in these terms, all fees are nonrefundable. You understand and agree that if you authorize a payment transaction, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

5. Privacy. For information regarding our collection and use of information you provide to us and information we collect, please refer to our Privacy Policy. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

6. Hold Harmless and Limited Liability.

(a) You agree to use the Service at your own sole risk, and agree to indemnify and hold harmless Company, its third party partners and its licensors and/or any of our or their respective successors and assigns from any and all liability, harm, damages, costs (including attorneys’ fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Service and/or any violation of these Terms or of applicable law. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards Company for the use of the Service or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.

(b) THE SERVICE AND ALL INFORMATION AND MATERIALS PROVIDED VIA THE SERVICE ARE PROVIDED "AS IS". WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SERVICE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.

(c) NEITHER COMPANY NOR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SERVICE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF THE RIGHTS HOLDERS AND OUR OTHER LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

(d) WE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OF ANYINFORMATION OR CONTENT PROVIDED BY THIRD PARTY INDIVIDUALS ON THE SITE.

(e) WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE TUTORING SERVICES, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH THE PERFORMANCE OR RESULTS OF AND/OR RELATING TO SUCH TUTORING SERVICES OR ANY OTHER ACTIONS OR SERVICES PROVIDED BY ANY THIRD PARTY INDIVIDUAL THROUGH OUR SITE. ACCORDINGLY, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL THIRD PARTY TUTORS, AND SUCH TUTOR’S NEXT OF KIN, HEIRS, ADMINISTRATORS, AND EXECUTORS (COLLECTIVELY, “RELEASORS”), HEREBY ASSUME THE ALL RISKS OF PROVIDING THE TUTORING SERVICES AND RELEASE, FOREVER DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO FILE SUIT AGAINST COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, CONTRACTORS, OR ASSIGNS, IN THEIR INDIVIDUAL OR CORPORATE CAPACITY, (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES, WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT, NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY, RELATING TO ANY CLAIM RELEASORS MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, PECUNIARY LOSS, OR OTHER LOSS, DAMAGE, COST, OR EXPENSE THAT MAY BE SUFFERED AS A RESULT OF TUTOR PROVIDING TUTORING SERVICES, INCLUDING LOSS OR DAMAGE CAUSED PARTIALLY OR ENTIRELY BY THE ACTS OR OMISSIONS OF ANY RELEASED PARTY.

7. Copyright Claims. If you believe that any content on our Site or Service infringes upon your copyright(s), please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) (“DMCA”) and include the following information:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed;

(c) a description of where the material that you claim is infringing is located on the Service, and information reasonably sufficient to permit us to locate the material;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated Copyright Agent for notice of claims of copyright infringement is:
Address: Track Tutoring, LLC
Attn: Copyright Compliance Department
11784 Canton Place
Studio City, CA 91604
Email: copyright@tracktutoring.com

In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and in Company’s sole discretion, Users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits Company’s right to limit access to the Service and/or terminate the accounts of any Users for any reason, in Company’s sole discretion, including, without limitation, in the case of Users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice.

8. Third-Party Services and Devices.

(a) The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (such as, Company’s Service Partners (defined below)) as well as third-party personal computers, video devices, speakers, and other devices. Your use of such third-party services and devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Company does not guarantee that third party applications and devices will be compatible with the Service. Through your use and access of the Services, you are subject to the terms and conditions of applicable third party service providers (collectively, “Service Partners”), including without limitation, Company’s payment processing partner (i.e., Stripe), customer engagement and communications partner (i.e., Twilio), and marketplace partner (i.e., Flex).

(b) To use some of the Services, you may need to provide information such as credit card numbers, banking information, and other sensitive financial and personal information, to our third party Service Partners. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Company has no control and makes no representations as to the use or disclosure of information provided to third parties, including Company’s Service Partners. You agree that these third party applications, websites, and services are not under Company’s control, and that Company is not responsible for any third party’s use of your information.

9. Termination. We reserve the right to terminate the Service and your access to the Site or the Service at any time without notice. This reservation of rights includes, without limitation, the right to edit, archive, save, download, remove, delete, or block any and all correspondence, files, materials, documents, or any other transmission or communication of any kind on the Site or to and from you and any applicable Tutor. Company may terminate or suspend your access to the Service at any time if we believe you have breached any of these Terms, or if we believe necessary to comply with applicable law. You may cease using the Service at any time, for any reason. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. Upon termination, you may not continue accessing or using the Service. If you or Company terminate these Terms, or if Company suspends your access to the Service, you agree that Company shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Company will not refund any amounts that you have already paid.

10. Modifications. We may change these Terms from time to time, and expect to do so as we evolve and expand the Service. Continuing to access the Site and/or use the Service after changes to the Terms have been posted shall be deemed consent to the changes. If you object to any such changes, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. From time to time, we may make new features or services available on the Site and through the Service. Any new services or features will be deemed part of the Service hereunder, and shall be subject to these Terms and any additional terms and conditions for such services.

11. Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the State of New York, as such applies to contracts made and performed entirely within the State of New York. In the event of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity of this Agreement, it shall be finally resolved by confidential binding arbitration in accordance with the rules of the American Arbitration Association applying the substantive law of the State of New York, without regard to any conflict of law provisions. The arbitration will take place in New York county, New York and be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq., administered in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered by any court with jurisdiction. Each party will bear its own legal expenses and attorney’s fees in the arbitration. The arbitration will be held in a location in New York County, New York selected by us. You further agree as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing, (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint. If this specific provision is found to be unenforceable, then (i) this arbitration provision shall be null and void only to the extent it is found to be unenforceable, (ii) the remaining provisions of these Terms shall remain in full force and effect, and (iii) exclusive jurisdiction and venue for any claims will be in state or federal courts in New York. Notwithstanding any other provision of this section, Company may bring suit in a court of competent jurisdiction for equitable relief from your alleged breach of your obligations without first arbitrating the issue. You have the right to opt out of the provisions of this Dispute Resolution Section by sending written notice of your decision to opt out to: info@tracktutoring.com, within 30 days after first becoming subject to this section. Your notice must include your name and address, your username (if any), the email address you provided to us, and an unequivocal statement that you want to opt out of this section of the Terms. If you opt out of this section, all other parts of these Terms will continue to apply to you. Opting out of this section has no effect on any other arbitration agreements that you may currently have, or may enter into in the future with us.

12. Miscellaneous. These Terms (together with Company’s Privacy Policy and any additional terms and conditions presented by Company) constitute the entire agreement between you and us with respect to your access to and use of the Service (provided, that, you may be required to enter into an additional agreements with us or third party service provider). If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not delegate your duties, assign your rights or assign these Terms without Company’s prior written consent. Company may assign its rights under these Terms to an individual or entity reasonably capable of fulfilling Company’s obligations under these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Site and Service are hosted and operated in the United States of America and are provided solely for use by U.S. residents, and provided to you under U.S. laws.

13. Contact Information. If you have questions or comments about these Terms, or if you would like to contact us about updating or changing your personal information you may contact us by email, by telephone (voice/phone calls only, no SMS) or by post as set forth below.

Address: Track Tutoring, LLC
11784 Canton Place
Studio City, CA 91604
Email: info@tracktutoring.com

14. Tutor Code of Conduct. Each Tutor that offers Tutoring Services through the Site shall be subject to these Terms, including, Company’s Privacy Policy and any additional terms and conditions presented by Company, including the Tutor Code of Conduct. Each Tutor covenants and agrees that at all times Tutor uses and accesses the Services or offers and/or provides Tutoring Services through the Site, Tutor shall uphold and comply with the following standards when performing the Tutoring Services and interacting and engaging with Users, including during Sessions with students as scheduled by or for User, without regard to manner, format, method or platform: Tutor will:

(a) be committed to acting in the best interest of the User and student;

(b) act professionally and take responsibility for Tutor’s own behavior, including work to resolve conflicts and disputes that may arise between Tutor and any student, other Tutors on the Site’s Tutor network or any other third party;

(c) practice and promote accuracy, honesty, and truthfulness in the performance of the Services and interactions Tutor has in connection therewith;

(d) exercise reasonable judgment and take precautions to ensure that Tutor’s potential biases, the boundaries of Tutor’s competence, and the limitations of Tutor’s expertise do not lead to or condone unjust practices;

(e) fulfill commitments to students, including being on-time and prepared with appropriate materials to facilitation each Session;

(f) refrain from guaranteeing definitive results, including certain grades or academic outcomes resulting from the Services and Sessions;

(g) respect the rights of individuals to privacy and confidentiality, and all differences in culture, age, race, ethnicity, national origin, religion, gender identity, sexual orientation, disability, language and socioeconomic status;

(h) not engage in inappropriate relations or acts on the Site or with any student; and

(i) not capture, record or otherwise obtain, publish, exploit, disclose or disseminate images, photographs, audio recordings, and/or audio-visual content of any student (including the name, image, likeness, or other biographical material) or any student’s residence, geographic location, or personal belongings during any Session or interaction through the Site.