Important Definitions and Overview of the Service

Peer2utor or Peer2utor, Inc. (hereinafter referred to as the 'site'), the services provided (hereinafter referred to as the 'services'), and any or all software downloads available from Peer2utor.com are bound by the terms found herein. By using the site or the services, downloading or installing the software, or otherwise accessing the site, services, or downloads, you agree to the terms and conditions set forth below (‘terms’). If you do not agree with these terms and conditions, you may not access, install, download or otherwise use the site, the services, or the software. If someone else (guardians, parents, schools etc.) is paying for your tutoring services or any other service on site, they are also bound by these terms of use, and you are required to print this page and give it to them. We reserve the right to make changes to these terms at any time, either with or without your knowledge. Any modifications become effective as soon as they are posted to the site, and you should periodically review the terms for any changes.Continuing to use the site after such modifications have been posted will constitute your agreement to and acceptance of the modifications.These User Terms of Service govern your access to and use of the Site, Services and Collective Content and constitute a binding legal agreement between you and Peer2utor. Peer2utor, Inc. ("Peer2utor") provides an online platform that connects tutors with individuals seeking tutoring services via video, text chat, document collaboration and other services (collectively, the "Services") through our website, accessible at www.peer2utor.com. You understand and agree that Peer2utor acts only as an interface to facilitate communications between Users and Tutors and to collect payment from Users on behalf of Tutors. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM, WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT PEER2UTOR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF PEER2UTOR. PEER2UTOR HAS NO CONTROL OVER THE CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, SEARCHING FOR A TUTOR VIA THE SITE OR SERVICES, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE USER TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE USER 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 User 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 User Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Peer2utor’s Services

Company’s Services can be used to facilitate the provision of Lesson Services and Home WorkChat via our online platform and its video and text chat and document collaboration interface. As stated above, Peer2utor makes available a platform with related technology for Users to connect with Tutors online and conduct the Lesson Services and Home Work Chat via our online interface as requested by Users. Peer2utor is not a provider of tutoring services. Peer2utor's role is solely to facilitate the availability of the Site and Services. Similarly, Peer2utor is not a contracting agent or representative of any Tutor or User. Tutors are not employees, agents or contractors of Peer2utor. Instead, Peer2utor's role is solely to facilitate the availability of the Site and Services for Users and Tutors. Also, as part of the Services, Users may post school and education-related questions via the Services to be answered by Tutors. Please note that although any Questions that a User posts will be publicly viewable via the Services, and Peer2utor does not guarantee that any Questions will be answered, and, if such Questions are answered, that the answers to such Questions will be correct. You are responsible for maintaining the required services on your end in order to utilize our site. This can include:
1. The latest version of one of the supported web browsers:
• Mozilla Firefox
• Google Chrome
• Apple Safari
2. Broadband Internet connection.
3. Pop-up blockers should be disabled.
4. To effectively use our Whiteboard technology you will need:
• Java Runtime Environment (for screen sharing).
• Adobe Flash (for sound).
• Speakers (or headphones) along with microphone.
Alternatively, you can use a headset. Our service is available on a TBA (to be arranged) basis, and there may be times when the site is down for periodic maintenance. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND TUTORS FOR THE PROVISION OF LESSON SERVICES. PEER2UTOR CANNOT AND DOES NOT CONTROL THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. PEER2UTOR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S SOLE RISK.

Privacy Policy

Please review our Privacy Policy (peer2utor.com/privacy) and User Agreementpage.

Registration Obligations

To use the site and the services, you will need to register on the site and provide true, accurate, and complete information, pay any applicable fees, and obtain an account, password and username. You are solely responsible for protecting access to your account, password, and username, and for any activities associated with or occurring under your account, password, and username. If your account is compromised in any way, it is your responsibility to notify us immediately of the unauthorized use of your account, password, and/or username. We are not responsible for any damage or loss that might arise from your failure to adhere to this requirement. You may not transfer or sell your account, username and/or password to any other entity. You may not use anybody else’s account, username and/or password without the permission of its holder. If you have authorized or registered another person, including a minor, to use your account, you are fully responsible for their online behaviors when accessing or using your account and all the consequences of any misuse, should such take place.


Please note, that tutors have the special Terms of Service

Purchasing Lesson Services

In order to pay for Lesson Services purchased via the Site and Services, Users age 18 years of age or older must provide valid payment information before connecting with a tutor. Lesson Services may be purchased in three (2) forms: (i) on prepaid monthly subscription basis; (ii) as a pre-paid pay as you go. Users are required to have minimum session length of 30 minutes and can be increased in 30 minutes increment. All Lesson Services purchased, as a pre-paid package will be billed at the time of package selection. Lesson Services purchased as a pre-paid subscription package are charged on a monthly basis depending upon the selections made via the Services at the time of choosing a subscription. Any time for Lesson Services used beyond the Pre-Paid Minimum will be billed to your Account on a 30-minute block basis All Lesson Services fees are charged in USD currency. When you choose to purchase Lesson Services via the Site and Services, you will be required to provide customary billing information such as your name and payment method. You agree to pay Peer2utor for any for an Lesson Services used or ordered by you or any other User of your Account and you hereby authorize the collection of such amounts by charging your chosen payment method, either directly by Peer2utor or indirectly, via a third party online payment processor. If you are directed to Peer2utor's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to use of the Site and Services via your Account, if any. All fees for Lesson Services are non-refundable, except as expressly provided in these User Terms of Service and you agree all sales are final. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. The selection of and pricing related to Lesson Services offered via the Site and Services may change at any time, in Peer2utor's sole discretion. If for some reason there is a discrepancy concerning Lesson Services charges, please contact us at support@peer2utor.com. Peer2utor may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Peer2utor's sole discretion. Notwithstanding the foregoing, Peer2utor is not responsible if your Account is accessed or used by a third party without your permission.

Refunds

If for any reason you are not satisfied with a tutor after receiving a Lesson Services from such Tutor, please contact us at support@peer2utor.com. All refunds are at Peer2utor's sole discretion.

Reward Program

By scheduling and completing online lesson with tutors, and in the end of session leaving tutor review, students would participate in “Reward Program”. Under this reward program, students will earn 2 percent extra cash or tutoring minutes (2 percent of cash or minutes spent on online lessons) into their account which can only be used for online tutoring at our website. Notwithstanding any other terms of these User Terms of Service, Peer2utor may terminate, suspend or discontinue the Reward Program at any time for any reason, in its sole discretion, with or without notice to you.

Communication with Tutors

Peer2utor acts as a technology service that facilitates provision of Lesson Services between Users and Tutors and does not make decisions related to the provision of Lesson Services or contents thereof. Peer2utor does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third party, of the Site and Services. In addition, although the Peer2utor Tutor Terms of Service require Tutors to provide accurate information, we do not attempt to confirm, and do not confirm, any Tutor's purported identity. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Peer2utor with respect to such actions or omissions. In addition, Peer2utor is not responsible for the use or exchange of any information or files between Tutors and Users. Further, Peer2utor does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services. If you ever believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, Peer2utor urges you to immediately contact the police directly for help.

Ownership

Copyright, service mark, and other laws of the United States protect the Site, Services and Collective Content. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Peer2utor and its licensors. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Peer2utor Licenses

Subject to your compliance with the terms and conditions of these User Terms of Service, Peer2utor grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Peer2utor Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these User Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Peer2utor or its licensors, except for the licenses and rights expressly granted in these User Terms of Service.

License granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to Peer2utor, which Peer2utor may exercise solely in connection with Peer2utor's provision of the Services: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Tutors, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. Peer2utor does not claim any ownership rights in any User Content and nothing in these User Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Peer2utor and to the rights in such User Content, as contemplated under these User Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Peer2utor's use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

External Links or Third Party Policy

Since we cannot possibly control other third party websites, Peer2utor cannot be held liable, directly or indirectly, for any damage or loss caused by external websites that a student chooses to visit. Peer2utor is not responsible for any content, products, services or materials available on or downloadable from third party websites. Peer2utor is not to be held liable for any mistakes, defamation, slander, omissions, pornography, profanity, and malware or age restriction requirements contained therein. No forms of implicit or explicit advertising of third party educational or other resources, external website content are allowed at Peer2utor.

Copyright Policy

Peer2utor respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users, Tutors or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at peer2utor.com/copyright for further information.

Comments on Tutors and Feedback

Tutor Reviews. In connection with your response of Lesson Services, you may have the opportunity to leave feedback and make comments about your experience with the Tutor with whom you have interacted by filing out tutor review form made available via the Site. Peer2utor advises you to exercise caution and good judgment when leaving such comments. Once you submit your comments to via the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. Peer2utor has no obligation to monitor or censor comments that are provided by Users, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Peer2utor disclaims any and all liability relating to Tutor Reviews. Notwithstanding the foregoing, Peer2utor does reserve the right, in its sole discretion, to remove any Tutor Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms of Service. Tutor Feedback. Tutor may provide feedback to students and their advisor about their progress, and this may include other suggestion so that students can improve in that subject. Users Feedback. We invite you to provide Peer2utor with feedback, comments and suggestions for improvements to the Site and Services. You may submit Feedback by emailing us at support@peer2utor.com. You acknowledge and agree that all Tutor Reviews and all Feedback will be the sole and exclusive property of Peer2utor. You hereby assign to Peer2utor and agree to assign to Peer2utor all of your right, title and interest in and to all Tutor Reviews and Feedback, including all intellectual property rights therein. At Peer2utor's request and expense, you will execute documents and take such further acts as Peer2utor may reasonably request to assist Peer2utor to acquire, perfect and maintain its intellectual property rights and other legal protections for the Tutor Reviews and Feedback. You will not take any actions, which may undermine the review system used to solicit feedback and comments from Users, including, without limitation, leaving negative comments if a tutor fails to perform some action that is outside the scope of the Lesson Services, or for another untruthful or malicious reason.

General Prohibitions

You agree not to do any of the following: Post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
You also agree not to:
• Use, display, mirror or frame the Site, or any individual element within the Site or Services, Peer2utor's name, any Peer2utor trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Peer2utor's express written consent;
• Access, tamper with, or use non-public areas of the Site, Peer2utor's computer systems, or the technical delivery systems of Peer2utor's providers;
• Attempt to probe, scan, or test the vulnerability of any Peer2utor’s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Peer2utor or any of Peer2utor's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
• Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Peer2utor or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Peer2utor service mark, logo URL or product name without Peer2utor's express written consent;
• Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these User Terms of Service;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing. Peer2utor will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Peer2utor may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms of Service. You acknowledge that Peer2utor has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Peer2utor reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Peer2utor, at its sole discretion, considers to be in violation of these User Terms of Service or otherwise harmful to the Site or Services.

Termination and Account Cancellation

If you breach any of these User Terms of Service, Peer2utor will have the right to suspend or disable your Account or terminate these User Terms of Service, at its sole discretion and without prior notice to you. Peer2utor reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event Peer2utor terminates these User Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@peer2utor.com.

Disclaimers

THE SITE, SERVICES AND INVITE PROGRAM ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. PEER2UTOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES , INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. PEER2UTOR DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU ACKNOWLEDGE AND AGREE THAT PEER2UTOR DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. PEER2UTOR SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PEER2UTOR OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT PEER2UTOR DOES NOT HAVE AN OBLIGATION TO CONDUCT REFERENCE CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH REFERENCE CHECKS OR INTERVIEWS IN ITS SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT PEER2UTOR DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES PEER2UTOR MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. PEER2UTOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

Indemnity

You agree to defend, indemnify, and hold Peer2utor, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these User Terms of Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, AND YOUR PARTICIPATION IN THE REWARD PROGRAM, REMAINS WITH YOU. NEITHER PEER2UTOR NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR REWARD PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF THE LESSON SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A TUTOR IN PERSON, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEER2UTOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PEER2UTOR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE AND SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PEER2UTOR FOR USE OF THE SITE AND SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT, IF YOU ARE HAVE MADE ANY PAYMENTS TO PEER2UTOR OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO PEER2UTOR, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PEER2UTOR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Peer2utor used herein are trademarks or registered trademarks of Peer2utor. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These User Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These User Terms of Service constitute the entire and exclusive understanding and agreement between Peer2utor and you regarding the Site, Services, Invite Program and Collective Content, and these User Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Peer2utor and you regarding the Site, Services, Invite Program and Collective Content.

Duty

You may not assign or transfer these User Terms of Service, by operation of law or otherwise, without Peer2utor's prior written consent. Any attempt by you to assign or transfer these User Terms of Service, without such consent, will be null and of no effect. Peer2utor may assign or transfer these User Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these User Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Communications

Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms of Service, will be in writing and given: (i) by Peer2utor via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Peer2utor to enforce any right or provision of these User Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Peer2utor. Except as expressly set forth in these User Terms of Service, the exercise by either party of any of its remedies under these User Terms of Service will be without prejudice to its other remedies under these User Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these User Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms of Service will remain in full force and effect.

Contact

If you have any questions about these Tutor Terms of Service, please contact Peer2utor at support@peer2utor.com