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Membership |
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This Terms of Use governs your access and use of our website including your membership
in the AuburnTutors.com community. Your membership allows you full access to the
membership portions of the Website located at www.AuburnTutors.com (referred to as the "Website").
The Website is operated by T& T DBA AuburnTutors.com (referred to as the "Company").
Access and use of the membership portions of the Website are provided by the Company
to you on condition that you accept the terms and conditions of its use. By accessing
or using the membership portions of the Website, your agreement to and acceptance
of our terms and conditions of use is implied. If you do not agree to accept and
abide by this Terms of Use Agreement, you should not access nor use the Website
or any of its membership portions. The Company reserves the right, in its discretion,
to change or modify all or any part of this Terms of Use Agreement at any time,
effective immediately upon posting on the Website. Your continued use of the membership
portions of the Website after such posting constitutes your binding acceptance of
the terms and conditions in this Terms of Use Agreement, including any changes or
modifications made by the Company as permitted above. If at any time the terms and
conditions of this Terms of Use Agreement are no longer acceptable to you, you should
immediately cease from using the Website including the membership portions thereof.
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Privacy Statement |
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We VALUE your right to privacy and we take this right very seriously. We want you
to know that your personal information will be kept secure and safe. Please refer
to our Privacy Policy. |
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Refund Policy |
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If the Request for Cancellation/Termination of Subscription/Service is made before
the first session of the total package availed of, we will grant you FULL REFUND
by crediting your card the value of all paid but unused and unexpired sessions .
After the first session has already transpired (whether attended or forfeited),
no more refunds will be allowed. Please note that absences, though they may merit
make-up sessions, are counted as part of the transpired sessions. |
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Use of Material |
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You acknowledge that the Website contains or may contain information, software,
photographs, illustrations, audio files, video files, animations, flash files, data
files, code snippets and other materials (collectively, "Material") which is protected
by copyright, trademark or other proprietary rights of the Company and its affiliates
or other third parties (including other members). You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform,
display, reverse engineer or in any way exploit any of the Material, in whole or
in part, except as otherwise expressly permitted in this Terms of Use Agreement
and any other agreement entered into at the time such Material was downloaded.
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Passwords |
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You acknowledge and agree that the user identification provided by the Company to
you so that you may access and utilize the membership portions of the Website, and
the password selected and used by you in conjunction with your Personal Username
are to be kept secret and confidential. You agree that you shall not disclose such
Personal Username or password to any other party without the express written permission
of the Company. You acknowledge and agree that you will be responsible for each
and every access or use of the membership portions of the Website that occurs in
conjunction with your Personal Username and password, and that the Company is authorized
to accept your Personal Username and password as conclusive evidence that you have
accessed or utilized the membership portions of the Website. You acknowledge that
such password(s) are unique to you and that, although the Company does require password(s)
to meet certain requirements (such as a minimum or maximum number of characters)
and has the ability to reset such password(s), the Company will not access the password(s)
themselves.
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Conduct |
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You agree that you will not use the Website for any purpose that is unlawful or
not permitted by this Agreement. By way of example, and not as a limitation, you
agree that when uploading to or communicating via the Website, through file transfer,
instant message, text, chat, voice, whiteboard, video, audio or other exchanges
accessed on or through the Website, you shall not do any of the following: Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights or rights of
privacy of others. Publish, post, distribute or disseminate any defamatory, infringing,
obscene, pornographic, sexual, indecent or unlawful material or information. Upload
or otherwise transfer files that contain software or other material protected by
intellectual property laws or by rights of privacy or confidentiality, unless you
own or control the rights thereto or have received all necessary consents. Upload
or otherwise transfer files that contain viruses, corrupted files or any other similar
software or programs that may damage or inhibit the operation of another computer.
Delete any author attributions, legal notices, or proprietary designations or labels
in any file that is uploaded. Falsify the origin or source of software or other
material contained in a file that is uploaded. Advertise or offer to sell any goods
or services or conduct or forward surveys, contests or chain letters. Download any
file posted by another user, which you know, or reasonably should know, cannot be
legally distributed in such manner. Use any communications, content or other information
obtained through the Website in a manner that is competitive with the Website or
the Company’s business. You acknowledge that the virtual classroom are public and
not private communications. Further, you acknowledge that no communication or content
coming from a third party is endorsed by the Company nor are they considered reviewed,
screened or approved by the Company. As will be explained below, the Company reserves
the right to remove without notice any communication, Material or any other Material
posted to the Website. You also agree not to use the Website in any manner that
could damage, disable, overburden, or impair the Website or interfere with any other
party's use and enjoyment of the Website. Likewise, you agree not to attempt to
gain unauthorized access to any of the Company's or of the other member's accounts,
computer systems or networks associated with the Website. Also you agree not to
obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Website.
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Services |
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Our services include, but are not limited to, providing online assessment test,
online tutoring facility, and other services, which is all done through our website
and Licensed Software ( collectively called the "Service"). You are hereby informed
that as an internet service, you are required to have an internet connection, hardware,
software and other devices (collectively called "Devices") in order to use and access
our services, and it is your sole responsibility to acquire and maintain such Devices
at your own expense. We may add, change or eliminate features, pricing, nomenclature
and other aspects of the services and make other changes at any time and these Terms
will continue to apply to the services as modified. We reserve the right at any
time and from time to time to modify or discontinue, temporarily or permanently,
the site or the services (or any part thereof) with or without notice. You agree
that we will not be liable to you or to any third party for any such modification,
suspension, or discontinuance of the site or the services.
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Managing Material |
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The Company does not and cannot review all communications or Material uploaded to
the Website and is not responsible for the content of such communications or Material.
Notwithstanding the foregoing, the Company reserves the right to delete, move or
edit any communication or Material that it may determine, in its sole discretion,
to be in violation of or which may violate this Terms of Use Agreement or is otherwise
deemed unacceptable. You shall remain solely responsible for all communications
made or Material uploaded under your Personal Username. The Company shall have the
right but not the obligation to correct any errors or omissions in any Material,
as it may determine in its sole discretion. You acknowledge that any screening of
Material performed by the Company to determine "Accepted Material" is done as a
courtesy only. The Company respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide the Company with notice of such infringement.
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Confidential Information |
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You acknowledge that the Confidential Information which you obtain through entering
into this Terms of Use Agreement and the use of the Website constitutes valuable,
confidential, proprietary information of the Company and its licensors, and you
agree that during the term of this Terms of Use Agreement and thereafter you shall
not, without the express written consent of the Company, use or disclose to any
other person any such Confidential Information, except as specifically authorized
under this Terms of Use Agreement or as required by applicable law. For the purposes
of this Terms of Use Agreement, Confidential Information means any and all data,
information, documents, software or materials relating to the business and management
of the Company, its members, affiliates, licensors or licensees, that is designated
as confidential or thought reasonably to be considered confidential, including but
not limited to: their business model and operations, processes, products, designs,
pricing, promotions, business plans, business opportunities, finances, research,
development, know-how, trade-secrets, training materials, personnel, clients, methodologies,
website content belonging to others and other intellectual property.
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Indemnity |
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You agree to indemnify, defend and hold the Company and its affiliates, and their
respective directors, officers, employees, shareholders, partners and agents, collectively
referred to as the "Parties", harmless from and against any and all claims, liability,
losses, costs and expenses (including lawyers fees on a solicitor and client basis)
incurred by any of the Parties in connection with or resulting from, (i) any use
or alleged use of the Website under your Personal Username by any person, whether
or not authorized by you; (ii) any communication made or Material uploaded under
your Personal Username; or (iii) any breach by you of this Terms of Use Agreement.
The Company reserves the right, at your expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with the Company's defense of such claim. |
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Term and Termination |
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This Terms of Use Agreement is effective until terminated. You may terminate this
Terms of Use Agreement at any time by emailing admin@AuburnTutors.com or by such
other means of written notice acceptable to the Company which enables confirmation
of your identity and your intention to terminate. The Company reserves the right,
in its sole discretion, to restrict, suspend or terminate your right to access the
membership portions of the Website at any time for any reason without prior notice
or liability. The Company may change, suspend or discontinue all or any aspect of
the Website at any time, including the availability of any feature, database, or
Material, without prior notice or liability. The Company may also terminate or suspend
your access to the membership portions of the Website for inactivity, which is defined
as failing to access the membership portions of the Website for an extended period
of time, as reasonably determined by the Company. Termination of this Terms of Use
Agreement does not relieve you of your responsibilities to pay any amounts due to
the Company under this Terms of Use Agreement or your obligations to not use the
membership portions of the Website or any Material other than in the manner permitted
under this Terms of Use Agreement or any other agreement entered into at the time.
Termination of this Terms of Use Agreement shall operate without prejudice to the
Company’s rights, defenses and limitations of liability provided under this Terms
of Use Agreement, which rights, defenses and limitations of liability shall survive
termination of this Terms of Use Agreement. Upon termination of your access to the
membership portions of the Website, you agree to forfeit all credits remaining in
your account.
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DISCLAIMER OF WARRANTIES |
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THE WEBSITE, INCLUDING ANY MATERIAL CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT
THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE
UNINTERRUPTED OR ERROR FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE
WEBSITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE
OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
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LIMITATION OF LIABILITY |
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YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE INCLUDING WITHOUT
LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL
THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS,
LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, AS WELL AS DAMAGES FOR LOSS OF PROFITS, INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, IN CONNECTION WITH ANY
CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS
TERM OF USE AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON,
ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE CONTENT OR ANY PART THEREOF, OR ANY
RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE),
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE COMPANY'S
TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS TERMS OF USE AGREEMENT OR IN RESPECT
OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE OR THE CONTENT IN ANY
MANNER WHATSOEVER SHALL BE LIMITED TO THE LATEST PURCHASED AMOUNT. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
THE LIABILITY OF THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS,
PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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Age and Responsibility |
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You represent and warrant that you are of sufficient legal age to use the Website
and to create binding legal obligations for any liability you may incur as a result
of the use of the Website. You agree to be responsible for all of your use of the
Website (as well as for use of your Personal Username and password(s) by others,
including without limitation, minors living with you. You agree to supervise all
usage by minors of the Website under your name or account. |
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Links |
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The service or the website may provide links to Third Party websites. The Company
has no control over Third Party websites, and you acknowledge and agree that we
are not responsible for any Material, advertising, products, services or other related
matters on or available from Third Party websites. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance
on any such Material, advertising, products, services or other materials available
on or through any Third Party websites or for any mistakes, defamation, libel, slander,
omissions, falsehoods, obscenity, pornography, or profanity contained therein. |
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Cancellation of Subscription and Termination of Service |
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You may opt to cancel your subscription and terminate the use of our services at
any time by simply accomplishing the cancellation form which can be found in the
membership portion of the Website. In the event that you wish to avail of our services
and subscribe again, you will have to re-register as a new account. There is no
guarantee that your previous username will still be available for use in the event
that your account has been previously cancelled. |
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Closing of User Accounts |
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We will maintain your account for a maximum of 30 Days from the date of your last
scheduled session, within which you may still access the features and functions
of the Website. During this period you can purchase a new package of sessions and
extend your account. For accounts which have remained unused beyond 30 days, the
Company reserves the right to delete all information, data and Materials relating
to such account. |
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Applicable law |
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The Website is controlled, operated and administered by the Company from within
the United State of America, State of Alabama. The Website can be accessed by other
countries around the world. As each of these jurisdictions has laws that may differ
from those of the United States State of Alabama, by accessing the Website, you
acknowledge and agree that this Terms of Use Agreement will be governed under the
laws of the State of Alabama. You hereby irrevocably submit to the exclusive jurisdiction
of the Courts of the State of Alabama, Lee County with respect to the subject matter
of this Terms of Use Agreement. You consent to service of any required notice or
process upon you by email, registered mail or overnight courier with proof of delivery
notice, addressed to the address or contact information provided by you at the time
you are first granted access to the membership portions of the Website, or such
other address as you may advise us in writing to use, from time to time. Any and
all disputes arising out of, under or in connection with this Terms of Use Agreement,
including without limitation, its validity, interpretation, performance and breach,
shall be submitted for judgment in the courts of Auburn Alabama. If the Company
is obligated to go to court to enforce any of its rights, or to collect any fees,
you agree to reimburse the Company for its legal fees, costs and disbursements if
the Company is successful.
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General |
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You specifically agree and acknowledge to be bound by, this Terms of Use Agreement
and any other agreements which may be incorporated by reference therein and to the
extent of their incorporation. The Company’s failure to insist upon or enforce strict
performance of any provision of this Terms of Use Agreement shall not be construed
as a waiver of any provision or right. If any provision of this Terms of Use Agreement,
or if any part thereof, is wholly or partially unenforceable by the parties or,
in the event the parties are unable to agree, a court of competent jurisdiction,
shall put in place thereof an enforceable provision or provisions, or part thereof,
that as nearly as possible reflects the terms of the unenforceable provision or
part thereof. This Agreement is personal to you and is not assignable by you without
the Company’s prior written consent. The Company may assign this Agreement without
your consent to any other party so long as such party agrees to be bound by its
terms.
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Contact |
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If you have concerns relating to the Website or this Terms of Use Agreement, please
contact the Company at admin@AuburnTutors.com. |
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Acknowledgement |
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION
BETWEEN YOU AND THE COMPANY RELATING TO THE SUBJECT OF THIS TERMS OF USE AGREEMENT. |
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