AGREEMENT TO TERMS
The Terms constitute a legal document that details you and your Child/Childrens' rights and obligations as members ("Member") of the FX-FCTUTOR Service, as described below. All Members must accept the Terms as a condition of membership to the FX-FCTUTOR Service. When you accept the Terms and complete the registration process for the FX-FCTUTOR Service, you become the "Member Account" holder.
For purposes of the Terms, "you or user" means the Member Account holder
USER ACCOUNT REGISTRATION
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, FX-FCTUTOR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FX-FCTUTOR is concerned about the safety and privacy of all its users, particularly children. When you create a member Account and add a child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child listed on the FX-FCTUTOR member Account. Please remember that the service is designed to appeal to students in elementary through secondary education or K to 12. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child.
RIGHT TO USE SITE
(d) Tutors are made available as per the service hours of the program, though you might not always get a tutoring session due to the following reasons:
- due to unavailability of tutors for the specific subject at the specific time;
- due to technology problems; or
- during site maintenance.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that all content, software, and materials available on the SITE are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by FX-FCTUTOR, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the SITE on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the SITE to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from FX-FCTUTOR is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FX-FCTUTOR (or the copyright owner(s) if other than or in addiction to FX-FCTUTOR). In the event of any permitted copying redistribution or publication of copyrighted materials, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted materials.
FX-FCTUTOR agrees that you shall retain ownership of your User Content provided however that by using this Site and submitting User Content to the Site, you hereby grant to FX-FCTUTOR and its affiliates and any applicable third party service providers a worldwide, non- exclusive, royalty-free, transferable right and license to reproduce, distribute, adapt publicly perform and display and otherwise use and modify your User Content in connection with FX-FCTUTOR's provision of the Site to you.
User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting materials to any public area of the Site, user automatically grants, or warrants that the owner of such material has expressly granted FX-FCTUTOR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate in other works in any form; media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access view, store or reproduce the material for that User’s personal use. User hereby grants FX-FCTUTOR the right to edit, copy, publish and distribute any material made available on the Site by User.
THIRD PARTY SITES
INTERFERENCE TO ACCESS
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the SITE. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
CANCELLATION OF SUBSCRIPTION
We offer refunds in certain cases:
A) WITHIN YOUR FIRST 30 DAYS OF MEMBERSHIP
i) You can cancel your subscription within 7-days of your membership and your credit/debit card will not be charged and your account cancelled within the 7-day FREE trial.
ii) After 7 days of your membership and you cancel your membership, your credit/debit card will be charged after your 7 day free trial and you will not be entitled to get a refund. However, your membership will not be renewed at the end of the month.
B) AFTER 30 DAYS OF MEMBERSHIP
i) You can cancel your membership and request for a refund for any unused time left in your account. All refunds of unused time will be calculated on prorated basis. For example, if you subscribe to a hypothetical 5 hour plan of $60 per month; you use 2 hours of your 5 hours and request for a refund, we will refund $36 of your initial purchase.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDE “AS IS” AND AS AVAILABLE FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FX-FCTUTOR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FX-FCTUTOR OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN FX-FCTUTOR’S TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT FX-FCTUTOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FX-FCTUTOR, FX-FCTUTOR’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT OR, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FX-FCTUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE FX-FCTUTOR PRODUCTS, SERVICES OR THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (IV) ANY OTHER MATTER RELATING TO FX-FCTUTOR’S PRODUCTS OR SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU EXCEPT THAT FX-FCTUTOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless FX-FCTUTOR and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, including claims arising out of Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. FX-FCTUTOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FX-FCTUTOR in asserting any available defenses.
YOU HEREBY RELEASE AND FOREVER DISCHARGE FX-FCTUTOR AND OUR ONLINE PLATFORM. THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. (“RELEASED PARTIES”) FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR CHILD OR CHILDREN'S USE OF THE SITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR CHILD OR CHILDREN'S MAY HAVE AS A RESULT OF HIS OR HER USE OF THE SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
You agree that FX-FCTUTOR may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your FX-FCTUTOR account and access to the Service. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problem, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your FX-FCTUTOR account may include (a) removal of access to all offerings within the Service, (b) deletion of our password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FX-FCTUTOR’s sole discretion and that FX-FCTUTOR shall not be liable to you or any third party for any termination of your account, or access to the Service.
FX-FCTUTOR logo, fxfctutor.com, FX-FCTUTOR and FX-FCTUTOR LLC are trademarks of FX-FCTUTOR LLC.