These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
TutorBloom LLC ("TutorBloom", "our", "us" or "we") provides TutorBloom.com, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the "Service") through our website, accessible at tutorbloom.com (the "Site"). The Service include the ability for Learners and Tutors (each as defined below) to interact via the TutorBloom platform's interface or other methods as may be made available by TutorBloom from time to time.
The Service provided by TutorBloom is intended to be between users that are 18 years of age or older. If a Learner is under the age of 18, the Service will be between the Learner's parent or legal guardian and tutor who must be present during delivery of the service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Rights and Responsibilities
As a Tutor, your use of the Services is governed by the policies, terms and conditions herein. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN LEARNERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT TUTORBLOOM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LEARNERS AND TUTORS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABLE LAW, TUTORBLOOM DISCLAIMS ALL LIABILITY RELATED TO THE LESSON SERVICES OR THE CONDUCT OF USERS, TUTORS OR OTHER LEARNERS OF THE SITE OR SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN LEARNERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE PARTIES' SOLE RISK.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Tutor Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the terms and conditions posted for the specific area of the Site, Services, or Collective Content will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR TUTORBLOOM ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR LESSON SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TUTOR TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TUTOR TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Tutor Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Proper or expected usage; potential misuse; accountability for online actions, behavior and conduct
- When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
- You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
- You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- By agreeing to the Terms of Service, no user of TutorBloom can engage in or allow activity to occur with the purpose of cheating on or engaging in academic misconduct/dishonesty on formal or informal exams, quizzes, tests, or similar assessments given by local, state, or national institutions. This extends to, but is not limited to, the writing of or misrepresentation of written material as might appear in essays, theses, or other documented written work. TutorBloom is not a homework completion platform and signing up as a Learner to have homework completed is expressly prohibited.
User Obligation and Conduct
- All Users must: (a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b) reside within the United States, (c) provide accurate, current, and complete information about themselves as required during Site registration (“Registration Data”); (d) maintain the security of any password and identification information used to access the Site; (e) maintain and promptly update the Registration Data and any information you provide to TutorBloom, keep it accurate, current and complete; and (f) accept all risks of unauthorized access to information and Registration Data.
Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that TutorBloom, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:
- Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.
- Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
- Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on Site; or
- Restrict or inhibit any other User from using and enjoying the Site.
- Your profile must clearly communicate your qualifications and intent for use of the site.
Third Party Reports/Access/Verifications
- TutorBloom may collect, use and disclose the information in the consumer reports. TutorBloom may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but TutorBloom shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. TutorBloom reserves the right to suspend and/or terminate a User based on information in the consumer reports or for any other reason in TutorBloom's sole discretion.
- TutorBloom will use third party organizations, such as Google Analytics, to track use and referrals to the site.
- TutorBloom will use third party organizations to manage data and email services.
- You understand and agree that provision of Lesson Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Lesson Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. TutorBloom shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
Statement of Confidentiality
- All information a User of TutorBloom accesses during the normal course of business will be kept confidential by TutorBloom and Users in accordance with Terms of Service.
- Users of TutorBloom may not divulge information related to Learners or Tutors that is not available on public areas of the TutorBloom site.
- Content that is posted by a User of TutorBloom is the sole property of the User. TutorBloom accepts no responsibility for accuracy or stated or inferred intent of information.
- TutorBloom is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
Advertisements and Promotions
- All information that is posted on the TutorBloom site that is public facing can and will be used for advertising and promotional purposes. This includes images, reviews, ratings, etc. that appear in public facing parts of tutorbloom.com. Confidential information provided to TutorBloom in accordance with its Terms of Service will not be used for Advertisements or Promotions.
Termination or Suspension of Services
- Users must abide by TutorBloom’s Tutor and Learner’s Terms of Service policies. Failure to do so will result in termination of service.
You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after any and all transactions have been processed. TutorBloom may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).
Disclaimer/Limitation of Liability; Clarifying the Site's Legal Liability for Damages Incurred by Users
Disclaimer/Assumption of Risk
Users assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. Users shall take all necessary precautions, including without limitation following the recommendations set forth in the TutorBloom Safety Tips.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
All decisions of arbitration are final and all parties agree to abide by them.
Amendment of Terms
TutorBloom may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. TutorBloom reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. TutorBloom may also delete, or bar access to or use of, all related information and files. TutorBloom will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. TutorBloom may amend these Terms at any time by posting the amended terms on this Site.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about these Terms of Service, You can contact us: