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Terms and Conditions:
  PlentyofTutors Tutor Terms and Conditions

Welcome to www.PlentyofTutors.com ("PlentyofTutors.com" or "Site"), the Web site that is a platform for on-line advice and professional consulting services. PlentyofTutors.com is owned and operated by PlentyofTutors, Inc. ("PlentyofTutors"). The specific features and functionality of the Site are to be determined solely by PlentyofTutors and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, a tutor in your field ("Tutor") and PlentyofTutors. By agreeing to the terms and conditions, a binding agreement will be executed between you and PlentyofTutors. The Tutor should therefore read this Agreement carefully. If, however, you (the Tutor) do not agree to be bound by this Service Agreement, do not register as a tutor. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

This Agreement sets and contains all of the terms and conditions between you, a tutor in your field ("you" or "Tutor") and PlentyofTutors. By agreeing to the terms and conditions, a binding agreement will be executed between you and PlentyofTutors. The Tutor should therefore read this Agreement carefully. If, however, you (the Tutor) do not agree to be bound by this Service Agreement, do not register as a tutor. By registering as a tutor and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of PlentyofTutors's Privacy Policy which is incorporated into this Agreement. When you register as a tutor you automatically become a site Member, therefore the provisions of PlentyofTutors's Terms of Service and Member Agreement are an integral part hereof, and areincorporated herein as part of this Agreement.

This Agreement sets and contains all of the terms and conditions between you, a tutor in your field ("you" or "Tutor") and PlentyofTutors. By agreeing to the terms and conditions, a binding agreement will be executed between you and PlentyofTutors. The Tutor should therefore read this Agreement carefully. If, however, you (the Tutor) do not agree to be bound by this Service Agreement, do not register as a tutor.

By registering as a tutor and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of PlentyofTutors's Privacy Policy which is incorporated into this Agreement. When you register as a tutor you automatically become a site Member, therefore the provisions of PlentyofTutors's Terms of Service and Member Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.

Definition of Service: PlentyofTutors.com provides a platform where a tutor may present his or her tutorise and sell advice or services to interested PlentyofTutors users ("Members"). PlentyofTutors makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any advice given by the Tutor. Therefore, Tutor is encouraged to verify the details and credit-worthiness of those Members to whom Tutor gives or contemplates giving advice. Disclaimer of Warranty and Limitation of Liability

THE TUTOR ACKNOWLEDGES AND AGREES THAT PLENTYOFTUTORS.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE TUTOR WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS PLENTYOFTUTORS IN RESPECT TO PLENTYOFTUTORS.COM'S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE TUTOR'S NEEDS. THE USE OF PLENTYOFTUTORS.COM IS ACCORDINGLY BEING MADE AT THE TUTOR'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. PLENTYOFTUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF A TUTOR DECIDES TO PROVIDE TUTOR’S SERVICES THROUGH THE USE OF PLENTYOFTUTORS.COM, TUTOR MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS TUTOR WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE TUTOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST PLENTYOFTUTORS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES TUTOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF PLENTYOFTUTORS.COM. PLENTYOFTUTORS WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH PLENTYOFTUTORS.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE TUTOR'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL PLENTYOFTUTORS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY TUTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. PLENTYOFTUTORS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO PLENTYOFTUTORS BY TUTOR THROUGH PLENTYOFTUTORS.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. TUTOR ACKNOWLEDGES AND AGREES THAT PLENTYOFTUTORS DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY TUTOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE TUTOR AS TO TUTOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE TUTOR) THROUGH THE PLENTYOFTUTORS SERVICE AND TUTOR AGREES TO INDEMNIFY AND HOLD PLENTYOFTUTORS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. PLENTYOFTUTORS WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A TUTOR AND A MEMBER, INCLUDING TUTOR FEE AGREEMENT. TUTOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. TUTOR FURTHER ACKNOWLEDGES THAT TUTOR WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM TUTOR PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH PLENTYOFTUTORS.COM, TUTOR HEREBY RELEASES PLENTYOFTUTORS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH TUTOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL TUTOR: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL TUTOR, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH PLENTYOFTUTORS.COM. IN ADDITION, YOU AGREE THAT YOU:

  • Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member
  • Will not prescribe or dispense medicines;
  • Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
  • Will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;

Additional Tutor Representations and Warranties By submitting the Tutor registration form, you, the Tutor, represent, warrant and agree to the following:

Additional Tutor Representations and Warranties By submitting the Tutor registration form, you, the Tutor, represent, warrant and agree to the following:

  • At all times you, the Tutor, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in PlentyofTutors, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
  • You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medial or legal information unless you are a licensed professional in good standing in the relevant field of tutorise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
  • You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Tutor to maintain and update on a regular basis.

Tutor's Conduct:

You, the Tutor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using PlentyofTutors.com as and Tutor, you will act according to the following rules:

  • Tutor will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
  • As a platform where Tutor can offer services, PlentyofTutors is not involved in any transactions between Tutor and Members. PlentyofTutors does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, PlentyofTutors cannot and will not make any effort to verify the identify of any of its Members;
  • Tutor agrees that any information or content that Tutor posts or transmits through PlentyofTutors.com will not be considered Tutor’s confidential information, but rather this information, whether personal in nature or not, shall be owned by PlentyofTutors. Tutor further agrees and consents to the Tutor’s chats or transcripts, being captured in any format, controlled, processed and shared by PlentyofTutors with third parties as designated solely by PlentyofTutors;
  • Tutor grants PlentyofTutors an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Tutor will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Tutor will not answer questions from the public board in fields that are not within Tutor’s fields of tutorise;
  • Tutor will not mislead Members to believe that he or she can provide a service which is outside Tutor’s fields of tutorise;
  • All interactions between Tutor and Member will be billed through PlentyofTutors regardless if the interaction is online or offline. Tutor agrees to abide by the pricing terms agreed upon with Members while utilizing PlentyofTutors.com;
  • All contact between tutors, consumers and any other users who are introduced through the PlentyofTutors platform must be conducted only through the PlentyofTutors platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the PlentyofTutors platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event PlentyofTutors suspects or determines any such unauthorized contact, PlentyofTutors reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
  • Tutor will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count toward the Tutor's public ratings and rating average. PlentyofTutors may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. PlentyofTutors also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
  • Tutor will not interfere with or disrupt the PlentyofTutors.com site or servers or networks connected to the Site;
  • Tutor will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
  • Tutor will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
  • Tutor will not disobey or breach this Agreement or any other applicable instructions conveyed by PlentyofTutors or its officers;
  • Tutor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
  • Tutor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
  • Tutor will not impersonate any person or entity, or make any false statement regarding Tutor’s employment, agency or affiliation with any person or entity;
  • Tutor will not stalk, threaten or harass Members or other Tutors or invade or attempt to invade their privacy;
  • Tutor will not disclose any information that was provided to Tutor by a Member and will use his or her best efforts to guard Member's privacy; and
  • Tutor agrees to comply with all applicable laws regarding use of this Site. Tutor may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of PlentyofTutors or others. Tutor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Tutor may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.

PlentyofTutors may review the Tutor's personal profile and amend any typing or spelling errors. PlentyofTutors cannot and will not verify or examine the truthfulness or accuracy of the details in the Tutor’s personal profile, credentials, qualifications, or any of Tutor’s postings or transmissions. However, PlentyofTutors may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Tutor. Without derogating from the above, PlentyofTutors may remove any content violating this Agreement. The Tutor will bear all the risks associated with the uploading and transmitting material utilizing PlentyofTutors.com, including reliance on its accuracy, reliability or legality. Tutor and PlentyofTutors Fees PlentyofTutors will use reasonable efforts to process the Member's credit card for the amount agreed upon between Members and Tutor within seven (7) working days from the execution date of each transaction.

Starting February 1, 2010, PlentyofTutors's commission structure (the "PlentyofTutors Commission") will be as follows:

Live Chat Sessions: 28%

Email Sessions: 28%

  • A "Live Session" includes a session between a tutor and a Member via voice, chat, video or any other medium other than via e-mail. The PlentyofTutors Commission for Live Sessions remains at the rate identified above regardless of the session amount.

PlentyofTutors reserves the right to modify the PlentyofTutors Fees at any time without prior notice. However, PlentyofTutors will use reasonable efforts to notify the Tutor in advance of any such change via e-mail and/or messages in the Tutor's "Mailbox," found on the tutor’s profile page.

Upon receipt of payment from a member, PlentyofTutors will automatically transfer the payment, minus the PlentyofTutors commission, into the tutor’s paypal account. If a member provides payment via credit card, the transfer will be immediate. If a member pays with a paypal account transfer, then there will normally be a delay of approximately two hours before a tutor receives payment. This delay could be longer due to other factors.

Tutor alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Tutor’s participation in PlentyofTutors.com.

Notwithstanding the foregoing, Tutor authorizes PlentyofTutors to withhold, in its discretion, payments to Tutor of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if PlentyofTutors reasonably believes that fraudulent activity may have occurred in connection with payment, until PlentyofTutors is able to verify that no such activity has occurred.

PlentyofTutors's billing system is not error-free, and PlentyofTutors shall not be liable for any problems, miscalculations or malfunctions in processing Tutor Fees or other payments due to the Tutor. If the Tutor thinks that a mistake has occurred he or she must send his/her complaint to admin@plentyoftutors.com within 30 days of discovery of such mistake. If for any reason the Member has not paid the Tutor Fee or has paid but has later charged back such payment, no Tutor Fees will be paid to the Tutor for that transaction and if the money has already been sent to the Tutor, Tutor is required to repay this amount to PlentyofTutors, and PlentyofTutors has the right to deduct this amount from the Tutor's account or from the following payments to be made from PlentyofTutors to Tutor. For Tutors who simultaneously participate as Members, PlentyofTutors shall be entitled to transfer or set-off payments from a tutor’s pending earnings against such Tutor’s outstanding balance as a Member. User Name and Password

When you, the Tutor, create and open an account with PlentyofTutors, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify PlentyofTutors of any unauthorized use of your password, user name, e-mail or any other breach of security. PlentyofTutors encourages Tutors to change their password at least once a month.

PlentyofTutors will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by PlentyofTutors due to someone else’s use of your account or password.

Tutor Information

Tutor does not have to furnish the information required for registration in PlentyofTutors.com. However, without that information, Tutor will not be able to use PlentyofTutors's services. PlentyofTutors Inc. is the sole owner of the information collected on this Site. PlentyofTutors will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that PlentyofTutors may collect, process, and transfer any information, private or otherwise, so long as PlentyofTutors does so for the purpose for which it was collected.

In order to use PlentyofTutors.com, both Members and Tutors must first complete the registration form. During registration, the Tutor is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Tutor about the services on PlentyofTutors.com for which he or she has expressed interest, and is also used as Tutor's login information. Tutor is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so PlentyofTutors may provide a more personalized experience on the Site. In such case Tutor may decide whether he or she wishes to provide such information or not.

The information furnished by the Tutor during the registration process will be kept in PlentyofTutors's database. PlentyofTutors will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and PlentyofTutors will therefore not be liable for any direct, indirect, consequential or incidental damage that the Tutor may sustain due to unauthorized intrusion to the database. Tutor consents to PlentyofTutors collecting and processing Tutor's personal information for normal business use by PlentyofTutors.

Tutor and Member Communication

The main purpose of PlentyofTutors is to provide a platform for registered Tutors to provide Members with advice that they seek. By utilizing PlentyofTutors.com Tutors and Members can negotiate and enter into a contract for advice. PlentyofTutors does not screen or edit the content of communications between Tutors and Members, but PlentyofTutors may screen, copy, transmit and review all communications conducted by or through PlentyofTutors.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Tutor agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Tutors and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Currently, chat communications between the Tutor and PlentyofTutors's servers are encrypted, but only if the Tutor is using the most current version of PlentyofTutors's software. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.

PlentyofTutors makes a Public Board available to its Tutors and Members. The Public Board allows Members to post questions or service requests that can be viewed by all Tutors. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain "in view" on the public board. All postings, descriptions, etc. are public until a Member enters into a personal negotiation with a tutor. All subsequent communications between the Member and Tutor, including both the negotiation phase and the actual relaying of service, are not available to other PlentyofTutors Members and are confidential between the Tutor and Member.

Transcripts of chat and e-mail communications between Members and Tutors are stored on PlentyofTutors servers for a certain amount of time and available for review by Tutors and, if a paid session, by Members. PlentyofTutors clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.

Cookies

PlentyofTutors makes use of cookies to store information. A cookie is a piece of data stored on the Tutor's hard drive containing information about the Tutor. For instance, by accepting a cookie by PlentyofTutors.com, Tutor will not have to enter his or her login information (his or her e-mail and password) every time he or she logs into his or her account, thereby saving time while on PlentyofTutors.com. If the Tutor rejects the cookie, he or she may still use PlentyofTutors.com; however, the Tutor will simply have to login each time he or she visits the Site. Cookies can also be used to enable PlentyofTutors to track and target the interests of Tutor in order to enhance his or her experience on PlentyofTutors.com. Of course, if the Tutor shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Tutor's communications with Members and PlentyofTutors.com. If Tutor shares a computer with others, Tutor should either disable cookies or enable cookies but sign out of PlentyofTutors when Tutor no longer uses the computer or when someone else is going to use that same computer.

PlentyofTutors Use of Data

PlentyofTutors uses IP addresses to analyze trends, administer the site, track Tutor's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Tutor's experience when using our site. PlentyofTutors may also retain any e-mails, letters or other correspondence between Tutor and PlentyofTutors to ensure quality control and the best possible service, although it has no obligation to do so.

PlentyofTutors may use the information furnished by the Tutor, as well as information that it collects regarding use patterns and transactions that are conducted through PlentyofTutors.com, in order to improve PlentyofTutors.com, to analyze statistical information regarding PlentyofTutors.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Tutor personally.

PlentyofTutors may use the information furnished by the Tutor, as well as information that it collects regarding use patterns and transactions that are conducted through PlentyofTutors.com, in order to improve PlentyofTutors.com, to analyze statistical information regarding PlentyofTutors.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Tutor personally.

PlentyofTutors may from time to time send e-mail advertisements to Tutor, whether the material is its own or is commercial information furnished by third parties. Tutor is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to PlentyofTutors.com at the point where PlentyofTutors asks for such information. PlentyofTutors's registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Tutors can always choose to opt-out by following the appropriate mechanism from within Tutor's PlentyofTutors account.

PlentyofTutors may use the details of transactions executed through PlentyofTutors.com for promotional and informational purposes and publish their details on PlentyofTutors.com, provided that such publication will not identify the Tutor or Member in any means other than their Screen Name. If the Tutor elects to use PlentyofTutors's referral service for informing a friend about the Site, PlentyofTutors asks the Tutor for the friend's name and e-mail address. PlentyofTutors will automatically send the friend a one-time e-mail inviting them to visit the Site. PlentyofTutors stores this information for the sole purpose of sending this one-time e-mail. The friend may contact PlentyofTutors at service@PlentyofTutors.com to request the removal of this information from its database.

PlentyofTutors may use the details of transactions executed through PlentyofTutors.com for promotional and informational purposes and publish their details on PlentyofTutors.com, provided that such publication will not identify the Tutor or Member in any means other than their Screen Name. If the Tutor elects to use PlentyofTutors's referral service for informing a friend about the Site, PlentyofTutors asks the Tutor for the friend's name and e-mail address. PlentyofTutors will automatically send the friend a one-time e-mail inviting them to visit the Site. PlentyofTutors stores this information for the sole purpose of sending this one-time e-mail. The friend may contact PlentyofTutors at service@PlentyofTutors.com to request the removal of this information from its database.

Currently, PlentyofTutors does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. PlentyofTutors will use a credit card processing company to bill users for use of the PlentyofTutors service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.

PlentyofTutors reserves the right to partner with another party to provide specific services. When the Tutor signs up for these services, PlentyofTutors will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.

PlentyofTutors may assign, transfer, rent, sell or lease its database, without giving the Tutor any prior notice, to any other subsidiary of PlentyofTutors's holding company, PlentyofTutors's subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify PlentyofTutors's privacy policy. PlentyofTutors may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between PlentyofTutors and the Tutor. In addition, PlentyofTutors may disclose personally identifiable information to the Member or to public authorities to deal with emergency situations or situations where the Tutor's safety may be in jeopardy.

PlentyofTutors may, in its discretion, create co-branded Web sites with its partners. In such case, the Tutor listings may appear in the co-branded site, but PlentyofTutors will not transfer any personally identifiable information about the Tutor to the other Web site without receiving the Tutor's prior consent. The co-branded sites are maintained on PlentyofTutors servers. Unless Tutor agrees otherwise all personally identifiable information is stored solely by PlentyofTutors. PlentyofTutors does record the partner Web site from which a visitor has linked to PlentyofTutors. If a visitor registers to become a Member and/or a tutor, PlentyofTutors may track the partner's name, in order to further the relationships PlentyofTutors has with its partners.

If a tutor wishes to update his or her personally identifiable information, such as a mailing address, or if a tutor no longer desires PlentyofTutors's service, PlentyofTutors will endeavor to provide a way to correct, update or opt-out of any of PlentyofTutors's services. This can usually be done from within the Tutor’s PlentyofTutors account, or by e-mailing Customer Support at admin@plentyoftutors.com

If the Tutor has any questions about PlentyofTutors's privacy statement, the practices of PlentyofTutors.com or your dealings with PlentyofTutors, please contact admin@plentyoftutors.com

International Users

PlentyofTutors makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Links

PlentyofTutors.com may contain links to Web sites operated by third parties. PlentyofTutors has no control over such sites and the information provided in them. Tutor acknowledges and agrees that PlentyofTutors is not responsible for the availability of such third party Web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Tutor warrants and agrees that PlentyofTutors will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party Web sites. PlentyofTutors encourages Tutor to be aware when he or she leaves PlentyofTutors.com and to read the privacy statements of each and every Web site that collects personally identifiable information.

Advertisements

PlentyofTutors may include in PlentyofTutors.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Tutor may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Tutor acknowledges and agrees that PlentyofTutors is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Tutor is wholly liable for all communications with advertisers and for all transactions subsequently execute

Modifications and Termination of PlentyofTutors.com

PlentyofTutors reserves the right to modify or discontinue, temporarily or permanently, the services in PlentyofTutors.com, with or without notice to Tutor. Tutor agrees that PlentyofTutors shall not be liable to Tutor or any third party for any modification or discontinuance to PlentyofTutors.com's services, or for any losses or damages that may result to Tutor or his or her Members from such discontinuation or interruption of service.

PlentyofTutors's services depend upon different factors such as: software, hardware and communications networks of PlentyofTutors, its contractors and suppliers. Hence, PlentyofTutors cannot guarantee that PlentyofTutors.com will not be interrupted, or that it will be timely, secure or error-free.

PlentyofTutors, in its sole discretion and for any reason, may terminate Tutor's participation in PlentyofTutors.com and refuse any and all current or future use by Tutor of PlentyofTutors.com.

Termination of Account by Tutor

Tutor may terminate their Agreement with PlentyofTutors at any time by sending a signed notice to PlentyofTutors via mail or fax. E-mails will not be accepted. PlentyofTutors shall invalidate Tutor's user name and password within thirty (30) days of receiving such notice. Tutor may inactivate his or her own account for any desired period of time from within their PlentyofTutors account. Notwithstanding termination, all obligations of Tutor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.

Intellectual Property

PlentyofTutors is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in PlentyofTutors.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.

Tutor may not operate robots or spiders to scan PlentyofTutors.com's database. Tutor may use "deep linking" only to his or her personal Web page within PlentyofTutors.com but not to any other part thereof. Tutor may not view PlentyofTutors.com with a graphic user interface different from the one designed by PlentyofTutors.

PlentyofTutors.com contains copyrighted material, trade secrets and proprietary information owned by PlentyofTutors. This Agreement does not grant the Tutor any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of PlentyofTutors.com. The Tutor may not create derivative software based upon any trade secret, intellectual property or proprietary information of PlentyofTutors. Furthermore, the Tutor may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in PlentyofTutors.com.

The Tutor may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of PlentyofTutors's and PlentyofTutors.com, or take any other action which infringes or impairs PlentyofTutors's trademark rights.

PlentyofTutors shall retain all ownership in and to PlentyofTutors.com and all content displayed on the PlentyofTutors.com Web site including copies of data transferred or received by Tutor on the site.

Copyright Policy

PlentyofTutors respects the intellectual property of others, and we ask our users to do the same. PlentyofTutors may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PlentyofTutors's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  1. a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  1. a description of where the material that you claim is infringing is located on the site, including the URL;
  1. your address, telephone number, and email address;
  1. 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
  1. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PlentyofTutors's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
c/o PlentyofTutors Inc.
279 Yonge St.
PO Box 23066
Barrie, ON.
L4N 7W8
By e-mail: admin@PlentyofTutors.com

Limited License

PlentyofTutors grants Tutor a nonexclusive, revocable right to use the Site provided that Tutor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

Indemnification

Tutor will indemnify, defend and hold harmless PlentyofTutors, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against PlentyofTutors or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Tutor according to this Agreement; (b) Tutor's provision of services to any third party, regardless of whether or not they are Members of the PlentyofTutors service; or (c) any materials that Tutor has posted to PlentyofTutors.com and/or any content on Tutor's Web site or otherwise provided to Members. Tutor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Tutor, including, without limitation, professional liability insurance applicable to the legal and medical professions.

Notice

Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment

Tutor shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of PlentyofTutors. Any purported transfer, assignment or delegation by Tutor without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

PlentyofTutors may change this Agreement by posting modifications on the Site. Unless otherwise specified by PlentyofTutors, all modifications shall be effective upon posting. Therefore, Tutor is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Tutor agrees to be bound by such changes to the Agreement. If Tutor does not agree to the changes, Tutor may terminate access to the Site and participation in PlentyofTutors's services.

Modifications to this Agreement

PlentyofTutors may change this Agreement by posting modifications on the Site. Unless otherwise specified by PlentyofTutors, all modifications shall be effective upon posting. Therefore, Tutor is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Tutor agrees to be bound by such changes to the Agreement. If Tutor does not agree to the changes, Tutor may terminate access to the Site and participation in PlentyofTutors's services.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, 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. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of New York, N.Y. Tutor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between PlentyofTutors and Tutor with respect to the subject matter hereof, and Tutor has not relied upon any promises or representations by PlentyofTutors with respect to the subject matter except as set forth herein.

No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Violation:

The Tutor may report any violation of this Agreement to admin@PlentyofTutors.com