LogonTutor.com: Terms of Use

Last Updated: June 13, 2023

The Terms of Use (the “Terms”) govern your access to and use of the LogonTutor website (the “Site”) and services provided by LogonTutor, LLC (“LogonTutor”). Please read these Terms before using or continuing to use the Site.

BY USING OR CONTINUING TO USE THE SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND, AGREE TO, AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. General Use — This Site is offered and available to users who are 13 years of age or older and reside in the United States. By using this Site, you represent and warrant that you meet these eligibility requirements. Students are solely responsible to ensure that tutoring sessions are supervised by a responsible adult.

1.1. Changes to the Terms – LogonTutor may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately after they are posted. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.2. Accessing this Website –LogonTutor reserves the right to withdraw or amend this Site, and any service or material provided on this Site, in its sole discretion without notice. LogonTutor will not be liable if, for any reason, all or any part of this Site is unavailable, incomplete, or out of date at any time or for any period.

To access the Site or some of the resources that it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to the use of any interactive features on the Site, is governed by LogonTutor’s Privacy Policy, and you consent to all actions LogonTutor takes with respect to your information consistent with LogonTutor’s Privacy Policy.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify LogonTutor immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

LogonTutor has the right to disable any username, password, or other identifier, whether chosen by you or provided by LogonTutor, at any time in LogonTutor’s sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

1.3 Access and Emails — LogonTutor makes no representation that this website is appropriate or available for use in all locations. LogonTutor attempts to deliver all correspondence through the Site's messaging system but cannot guarantee delivery of messages.

1.4 Services —Tutors are independent contractors, and as such, Tutors control the methods, materials and all aspects of the tutoring services offered or provided to Students. Students are responsible for selecting the right tutor for their needs. In making the hiring decision, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students.

2. Your Obligations and Conduct

2.1 User Conduct —You agree to: (a) provide accurate, current, and complete information; (b) maintain the security of your password and identifying information; (c) promptly update any information that you provide to LogonTutor and maintain the information’s accuracy and completeness; and (d) accept all risks of unauthorized access to any information that you provide.

2.2 User Obligations — You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, hateful, discriminatory, indecent, harassing, or otherwise objectionable to LogonTutor or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes on any patent, trademark, trade secret, copyright, or other intellectual property of another person; (d) violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise conflict with these Terms and our Privacy Policy; (e) is likely to deceive another person; (f) promotes any illegal activity, or advocates, promotes, or assists in any unlawful act; (g) causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (h) impersonates any person, or misrepresent your identity or affiliation with any person or organization; (i) involves sales, promotions, or other advertising; (j) gives the impression that you are sponsored by LogonTutor or another person or entity if untrue; or (k) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including the functionality of the Site.

2.3 Right to Remove Content — LogonTutor reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements. LogonTutor reserves the right to withdraw or amend this Site, and any service or material provided on this Site, in its sole discretion without notice. LogonTutor will not be liable if, for any reason, all or any part of this Site is unavailable at any time or for any period.

2.4 Tutoring of Minors – Any User under the age of 18 (a “Minor”) must be supervised by an adult guardian during tutoring sessions on private property.

3. Content Submitted to the Site — LogonTutor has no obligation of any kind with respect to any Content that you put on the Site. Unless otherwise stated herein, any Content that you provide in connection with this Site shall be deemed to be provided on a non-confidential and non-proprietary basis. LogonTutor shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant LogonTutor an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content in any form. You represent and warrant that you own or control all rights in Content that you provide and that you have proper authorization to grant LogonTutor the rights for the worldwide transfer and processing among LogonTutor, its affiliates, and third-party providers.

You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not LogonTutor, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user of the Site.

4. Copyright Infringement Policy

4.1 General — LogonTutor respects the intellectual property rights of third parties and is committed to complying with all U.S. copyright and related laws. Users may not store, distribute or otherwise disseminate any material or content over the Site in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to copyrights. Pursuant to the Digital Millennium Copyright Act “DMCA”), 17 USC 501, et seq. and other applicable laws. LogonTutor reserves the right, in its sole discretion, to suspend or terminate use of the Site when LogonTutor reasonably believes that such use infringes on third-party copyright or other intellectual property rights.

4.2 Notification — If a copyright holder believes in good faith that materials being hosted by LogonTutor or otherwise stored on its network infringe on its rights, the copyright holder (or its agent) may send LogonTutor a notification in accordance with the requirements set forth in 17 U.S.C. §§ 512(c)(3)(A)(i) through (vi), requesting that LogonTutor remove or block access to the infringing material. The notification must be sent to:

Christopher Parham-Darabi
LogonTutor, LLC
DMCA Notices
11711 Princeton Pike Unit, #341-177
Cincinnati, OH 45246-2500

Upon receipt of a written notification that is compliant with the DMCA, LogonTutor will respond promptly to remove or disable access to the material alleged to be infringing. LogonTutor will also take reasonable steps to promptly notify the affected User of the Site that we have removed or disabled access to that material.

4.3 Counter-notification — If, as a User, you receive a notification of copyright infringement from LogonTutor, you may file a counter-notification pursuant to 17 U.S.C. sec 502(g)(3) to LogonTutor. Upon receipt of a counter notification that satisfies the requirements of the above provision, LogonTutor will provide a copy of the counter notification to the copyright holder who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, User agrees that LogonTutor will not be a party to any dispute or lawsuit regarding alleged copyright infringement.

5. Indemnity — You agree to indemnify and hold LogonTutor and its subsidiaries, affiliates, shareholders, members, officers, directors, agents, licensors, suppliers, employees, and representatives harmless from and against any liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of your Content, your use of or connection to the Site (including any use by you on behalf of another party), your violation of the Terms, your violation of any rights of another (including any intellectual property infringement), your Content, your use of information or Content obtained from the Site, or your relationship with a Student or Tutor in connection with your use of the Site.

6. General Terms

6.1 Students — The Terms constitute the entire agreement between the Student and LogonTutor. Students may be subject to additional terms and conditions applicable for the use of other LogonTutor services or third-party products or services.

6.2 Tutors — The Terms are in addition to and do not affect or modify any other rights that LogonTutor has under law or contract with Tutors. Tutors may also be subject to additional terms and conditions applicable to the use of other LogonTutor services or third-party product or services.

6.3 Relief — LogonTutor will be entitled to equitable relief, including both a preliminary and permanent injunction, if a breach of the Terms of Use occurs and you waive any requirement for the posting of a bond or other security if LogonTutor seeks such an injunction.

6.4 Waiver — Unless in writing and signed by LogonTutor, any express waiver or failure to exercise any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.

6.5 Severability — Any term or condition that is held to be invalid, unenforceable or void shall be severed from this Agreement, while the remainder of the term, provision or condition shall remain in effect and in full force.

7. Terms of Transacting Business

7.1 Costs of Transacting Business — You understand and are willing to pay for all costs associated with transacting business through LogonTutor. These costs include but are not limited to: (a) hourly rates as listed by individual Tutors; (b) cancellation fees as described in a Tutor’s cancellation policy, which can be found on a Tutor’s profile on the Site; and (c) any costs set forth in the Independent Contractor Agreement between LogonTutor and the Tutor.

7.2 Payment Processing — Payments for tutoring services through the Site are processed through a third party (a “Third-Party Payment Processor”). You agree that Third-Party Payment Processors may collect “personally identifiable information” from you, including but not limited to billing information, credit card numbers, expiration dates, security codes, and tracking information from checks or money orders for purposes of your transaction. Your communication or business dealings with any Third-Party Payment Processor, including the payment of tutoring services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Third-Party Payment Processor. You agree that LogonTutor shall not be responsible or liable for, and you hereby release LogonTutor from, any loss or damage of any sort incurred as the result of any such communications or dealings. If there is a dispute between any Third-Party Payment Processor and Users of the Site, LogonTutor is under no obligation to join the dispute.

8. Background Checks — LogonTutor will not approve a Tutor’s use of the Site without the successful completion of a background check processed by a third party (a “Third-Party Background Check”) that includes: (i) social security number verification; (ii) searching the National Sex Offender Registry; and (iii) searching the National Criminal File. You agree that LogonTutor will not be held responsible or liable in any way if any information provided by a Third-Party Background Check is incomplete, inaccurate, or misleading.

9. Third-Party Advertisements and Promotions — LogonTutor may permit advertisements and promotions from third parties on the Site. LogonTutor is not responsible or liable for any loss or damage incurred as the result of any dealings, transactions or contact that you may have with third party advertisers whether or not LogonTutor has permitted such third parties to advertise on the Site.

10. Content Provided Via Links — You may find links to other websites or resources on the Site. LogonTutor is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

11. Intellectual Property Rights

11.1 Copyrights — Except as expressly authorized by LogonTutor, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software LogonTutor discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

11.2 Trademarks and Service Marks — “LogonTutor Trademarks” mean all names, marks, brands, logos, designs, trade dress, slogans and other designations that LogonTutor uses in connection with its products and services. You may not remove or alter any LogonTutor Trademarks, or co-brand your own products or material with LogonTutor Trademarks without LogonTutor's prior written consent. You acknowledge LogonTutor's rights in LogonTutor Trademarks and agree that any use of LogonTutor Trademarks by you shall inure to LogonTutor's sole benefit. You agree not to incorporate any LogonTutor Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, in connection with computer or internet-related products, services or technologies.

11.3 No Licensing — Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by LogonTutor on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

12. Disclaimer of Warranties — Your use of the Site is at your own risk. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis.

LOGONTUTOR DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LOGONTUTOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.

LogonTutor makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors or defects in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.

13. Limitation of Liability — To the full extent permitted by law, in no event will LogonTutor be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if LogonTutor has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission of data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you may download, use, modify, or distribute. The foregoing does not affect a liability that cannot be excluded or limited under applicable law.

14. Notices; Modification and Termination of Services; Amendment of Terms — LogonTutor may provide notice to you via email, regular mail, or posting notices or links on the Site. LogonTutor reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. LogonTutor may also delete, or bar access to or use of, all related information and files. LogonTutor will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information. LogonTutor may amend these Terms at any time by posting the amended terms on this Site.

15. Binding Arbitration — In the event of a dispute arising between you and LogonTutor under or relating to these Terms or the Site (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR LOGONTUTOR CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and LogonTutor, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and LogonTutor will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

16. Class Action Waiver — You agree that any arbitration or proceeding shall be limited to the Dispute between LogonTutor and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LOGONTUTOR ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Miscellaneous — The Terms take precedence over any inconsistent or conflicting postings on or related to the Site.

BY USING OR CONTINUING TO USE THE SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND, AGREE TO, AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT.