Terms of Service:

The Tutor Doctor On-Call Application is a supplemental communication system which provides responsive, time-sensitive support to existing Tutor Doctor clients under the terms of service of their existing enrollment agreements, as supplemented by the following terms and conditions:

Your Privacy

The Company has instituted the following Privacy Policy located at www.tutordoctor.com/privacy.  The same provisions contained in the website privacy policy apply to use of the Tutor Doctor On-Call Application.

Prohibited Activities

You shall not (nor cause any third party to) use the Application or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • that would constitute fraud;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Application or the Service;
  • disrupting the activities or enjoyment of the Application or the Service for other users;
  • collecting or storing personal data about other users;
  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Application (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Application);
  • use of the Application to gain competitive intelligence about Company, the Application, or any product or service offered via the Application or to otherwise compete with Company or its affiliates;
  • framing or otherwise simulating the appearance or functions of the Application or any portion thereof; or
  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.

Release / Indemnification

You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Application and the Service. If at any time you are not happy with the Application or the Service or object to any material within the Application or the Service, your sole remedy is to cease using them.

Limitation of Liability

You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) THE USE OR THE INABILITY TO USE THE APPLICATION; (ii) the cost of procurement of substitute products and service resulting from the inability to access or utilize any products, data, information or service purchased or obtained or messages received or transactions entered into through or from the Application or the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Application or the service. in no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the Application or the service.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.