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TERMS AND CONDITIONS

TERMS OF SERVICE 

Updated: March, 2021 

PLEASE READ THIS AGREEMENT (THE “AGREEMENT”) CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE TUTORING SERVICE AND OTHER SERVICES MADE AVAILABLE THROUGH THE SERVICE. 

THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. 

Introduction 

Welcome! These Terms of Service (“Terms”) govern the website WWW.MATHMINK.COM 

 (including both mobile and online versions) (the “Site”), including your use of interactive features, applications, content, videos, teaching content and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by TUBER, LLC (“Mathmink”, “we”, “our” or “us”). By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy

If You Want to Use the Service, 

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree. 

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you. 

By accessing and/or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use. 

Table of Contents 

It is important that you read and understand these entire Terms before using the Service. To ease review, each section below includes a brief introductory summary. Full explanations are stated in “Full Details of the Terms of Service” Please note that the complete provisions, and not the headings or summaries shall govern. Any capitalized terms have the meanings given to them where defined in the Terms. 


1.General. The Service enables you to find tutoring services from tutors. As independent businesses, the tutors decide, are responsible for, and generally control the methods and materials of the tutoring they provide. Users are responsible for selecting the right tutor for your needs.   

2.Content, Ownership, Limited License and Rights of Others 

We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. 

3. Service and Content Use Restrictions

Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part. 

4. Terms Applicable to Purchases and/or Subscriptions

If you make a purchase through the Service (including subscriptions to the Service), these terms apply. 

5. Accounts

You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer you the ability to make choices regarding how, and to whom some aspects of your account are used and seen. Individual circumstances may apply. 

6. Content You Submit

You grant us a broad license to use content you may submit. We may transfer this to our tutors to be able to offer you the most valuable and applicable content/ service for your individual needs. We may also use such content in the pursuit of optimizing our services.  

7. Notices and Questions

You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided. 

8. Personal Results;  Disclaimer of Representations and Warranties

The outcome and personal results achieved from the services provided by us and our contractors may vary on an individual basis. We cannot guarantee any particular outcome. We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is”. 

9. Contractors;  Limitations of our Liability 

We are not responsible for the opinions and actions of the tutors who provide the tutoring services through www.MATHMINK.com . Our liability is greatly limited.   

10. Wireless Features 

Wireless carrier charges may apply to use of the Service via wireless networks or Devices. 

11. Dispute Resolution 

You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types of claims within one (1) year. 

14. Updates to Terms 

These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. 

15. General Provisions 

You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) your indemnity of us; (c) accessing the Service from outside of the United States; (d) enforcement and interpretation of these Terms; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; and (i) your responsibility for your connectivity and access. 

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  1. General – The Site offers a marketplace for those seeking tutoring services to connect with tutors who provide tutoring services. As independent businesses engaged by the students, the tutors decide, are responsible for and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide. Students and their parents are responsible for selecting the right tutor for their needs. In making hiring decisions, students and their parents should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students. –IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
  2. Content, Ownership, Limited License and Rights of Others– We do not claim ownership of the content that you or the tutors provide on the Site and we have no obligation of any kind with respect to such content. Unless otherwise stated herein, any content that you provide in connection with the Site shall be deemed to be provided on a non-confidential basis. Without limiting the foregoing, we grant you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. We reserve all statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from us. Any rights not expressly granted herein are reserved. 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 may not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights.
  3. Service and Content Use Restrictions

    All users of the Site must: (a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b) provide accurate, current, and complete information about themselves as required during Site registration; (c) maintain the security of any password and identification information used to access the Site; (d) maintain and promptly update any information you provide to us, keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information. You are entirely responsible for all content that you create, upload, post, send, receive or store through your use of the Site . Users shall not create, upload, post, send, receive or  store content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with our mission or otherwise objectionable to us, the tutors, or other users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) 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. We reserve the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason we deem necessary. Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that we, in our sole discretion, find inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice. Specifically, but without limitation, users may not:

  • Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Site for any purpose that is in violation of local, state, national, or international law;
  • Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.
  • Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Site;
  • Attempt to gain unauthorized access to the Site, other user accounts, or other device, computer system or networks connected to the Site;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  • Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download, copy or transmit any file posted by another user or tutor that you know, or reasonably should know, cannot be legally published through the Site;
  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on Site; or
  • Restrict or inhibit any other user from using and enjoying the Site.

    Your use of our Service is subject to the restrictions contained in these Terms. We reserve the right to change or     discontinue the Service in whole or in part at any time.

   4. Terms Applicable to Purchases and/or Subscriptions  If you make a purchase through the Service (including       subscriptions to the Service), these terms apply. 

  1. Accounts – You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer you the ability to make choices regarding how, and to whom some aspects of your account are used and seen. Individual circumstances may apply.
  1. Content you submit – Unless otherwise stated herein, any content that you provide in connection with the Service shall be deemed to be provided on a non-confidential basis. We shall be free to use or disseminate such content on an unrestricted basis for any purpose, and you grant us an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among us, our tutors, and third-party providers of any content that you may provide on the Site.
  2. Notices and Questions– We may provide notices to you via email, regular mail, or posting notices or links to notices on the Site. We reserve the right at any time to modify, suspend or terminate the Service (or any part thereof), and/or use of or access to them, with or without notice. We may also delete, or bar access to or use of, all related information and files. We will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. We may amend these Terms at any time by posting the amended terms on the Site.
  3. Personal Results;  Disclaimer of Representations and Warranties; Lii – USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. WE DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE OR THE SERVICE. WE MAKE 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 SITE OR THE SERVICE WILL BE BENEFICIAL, ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE SERVICES ARE APPROPRIATE FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
  4. Contractors; Limitation of Liability – The Site offers a marketplace for those seeking tutoring services to connect with tutors who provide tutoring services. As independent businesses engaged by the students, the tutors decide, are responsible for and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide. Students and their parents are responsible for selecting the right tutor for their needs. In making hiring decisions, students and their parents should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students.

YOU UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER OR TUTOR ON OR OFF THE SITE AND THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER OR TUTOR. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER OR TUTOR. AS SUCH, WE EXPRESSLY DISCLAIM, AND EACH USER EXPRESSLY RELEASES US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS OR TUTORS ON OR OFF THE SITE.

USERS OF THE SITE TRANSACT WITH TUTORS THEMSELVES. WE WILL NOT BE INVOLVED IN ANY INTERACTIONS BETWEEN USERS AND TUTORS. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER AND TUTOR INTERACTION.

TO THE FULL EXTENT PERMITTED BY LAW, WE ARE NOT 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 OR THE SERVICE, EVEN IF WE HAVE 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 OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS OR TUTORS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR 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 TO US.

YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.

Users assume all risks when using the Site and the Service, including without limitation any and all of the risks associated with any online or offline interactions with other persons. Users shall take all necessary precautions when interacting with tutors.

  1. Wireless Charges

Wireless carrier charges may apply to use of the Service via wireless networks or Devices.

  1. Dispute Resolution.

This section explains the process of resolving any disputes us and a student. All disputes shall be resolved through arbitration instead of through the courts. Any dispute in any way related to the Service, the Site, its use, user or tutor conduct, or the Terms must go to binding arbitration under the provisions of the Terms. The arbitrator must apply the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time you consent to the Terms. Copies of the Consumer Arbitration Rules may be obtained at any AAA office or at http://www.adr.org. If the Consumer Arbitration Rules and this arbitration provision contradict each other, then the terms of this arbitration provision control, unless the arbitrator determines that doing so would result in a fundamentally unfair arbitration proceeding. In that situation, the Consumer Arbitration Rules control.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. HOWEVER, A REPRESENTATIVE CLAIM (BUT NOT A CLASS ACTION) MAY BE BROUGHT IN ARBITRATION WHERE OTHERWISE MANDATED BY LAW.  UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING. ALSO, EXCEPT AS MANDATED BY LAW, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  EXCEPT AS MANDATED BY LAW, ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF OURS.

Location of the Arbitration Hearing: There may be a hearing as a part of the arbitration process. If that is the case, the arbitration hearing will be conducted in San Francisco, California. The judgment of the arbitration award may be entered by any court having jurisdiction thereof.

Attorneys’ Fees: Each party will pay its own attorneys’ fees, unless the law provides that the prevailing party is entitled to have the other party pay its reasonable attorneys’ fees.

Exclusive Judicial Forum If the Arbitration Provisions are Not Enforceable: In the event that a court or arbitrator of competent jurisdiction determines that this arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any dispute in any way related to the use, inability to use, or provision of these Terms is any California State Court or Federal Court sitting in San Francisco, California. You hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding and agree not to seek to transfer the matter to a different court for any reason.

Notwithstanding the Arbitration terms set forth herein, you agree that any material breach of the Terms will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to our rights and remedies otherwise available at law, we reserve the right to seek equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seek such an injunction.

  1.  Updates to Terms

These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. 

  1.  General Provisions-This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of California. These Terms constitute the entire agreement between you and us relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use our Site or third-party products or services.

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