2. Users of the Site.
HomeworkTutor is an on-line tutoring marketplace where you can get answers to questions you are struggling with and get paid to answer questions you know a lot about. There are three categories of persons using the Site: Visitors, who merely view the Site without posting any content, Purchasers (the people asking questions and purchasing answers to questions posted on the Site, called “Query Transactions”) and Contributors, the people answering the questions posed by Purchasers and selling answers to Purchasers (which is the other side of a Query Transaction). Any user or Visitor can be either a Purchaser or a Contributor or both.
Potential Purchasers may simply post a question they want answered on the site. HomeworkTutor will make these questions available to the Contributors. Contributors may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or Google Checkout accounts to buy them.
Visitors, Purchasers, users and Contributors will be collectively referred to as “you” or “your” in these Terms.
4. Rules Governing Public Contributions and Interactive Features.
(a) own or have sufficient rights to post your Contributions, on or through the Site;
(b) will not post Contributions that violate HomeworkTutor or any other person’s privacy rights, publicity rights, copyrights or contract rights;
(c) have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through the Site;
(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; (iii) solicit personal information from anyone under 13; or (iv) exploit anyone in a sexual or violent manner;
(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than the Services);
(f) will not use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without HomeworkTutor’s express written consent;
(g) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on HomeworkTutor or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(i) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(j) have all the licenses required to give a response to an Purchaser;
(k) will not engage in the unauthorized practice of law or medicine;
(l) will not claim that any Contributor’s work is your own work; or
(m) will not sell or re-sell any Contributor’s work to a third party.
5. Grant of License to Us and Purchasers for Contributions.
By making a Contribution to the Site, you grant HomeworkTutor a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to HomeworkTutor), fully-paid, royalty-free (meaning that HomeworkTutor is not required to pay you to use your Contribution), sublicensable (meaning that HomeworkTutor can sublicense its rights to, for example, third party hosted service providers who host the Site) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.
6. Use and Protection of Username and Password.
You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you
7. HomeworkTutor’s Intellectual Property Rights.
All of the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”), are owned by or licensed to HomeworkTutor and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. HomeworkTutor reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that HomeworkTutor provides, unless otherwise specifically authorized by us in a separate written agreement.
8. Your PayPal or Google Checkout Account.
You must have either a PayPal account or a Google Checkout account to buy or sell Contributions on the Site. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, either PayPal or Google Checkout will transfer the money from the Purchaser’s account into either our PayPal or Google Checkout account. We will then transfer the money to your PayPal account upon request, payments may take up to 6 weeks to process. HomeworkTutor is not a financial institution. HomeworkTutor does not insure you for any loss that might occur from your PayPal or Google Checkout accounts and does not pay you interest on your accounts. HomeworkTutor is not responsible for your use of the PayPal or Google Checkout services. You must resolve any disputes directly with PayPal or Google Checkout
9. HomeworkTutor’s Management of the Site/User Misconduct.
9.1 Site Management.
HomeworkTutor may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with HomeworkTutor’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of HomeworkTutor’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect HomeworkTutor and third parties’ rights and property or to facilitate the proper functioning of the Site. If you engage, in HomeworkTutor’s sole discretion, in fraudulent activities, you understand and agree that HomeworkTutor has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.
9.2 HomeworkTutor’s Right to Terminate Users.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, HOMEWORKTUTOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
9.3 No Guaranteed Access to Contributions Upon Termination.
IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. HOMEWORKTUTOR RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
9.4 Risk of Harm.
There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. HomeworkTutor expects that you will use caution and common sense when using the Site.
10. No Responsibility for Contributions Posted on the Site.
HomeworkTutor is not responsible for the content posted by Contributors, its accuracy, reliability, impact or effect on anyone who makes use of the Contributor content in any way. HomeworkTutor reserves the right to remove Content for any reason and at any time, without notification or warnings of any kind. You should not rely on answers posted on the Site. The answers are only intended to be a tutorial, and they may not accurately or fully answer your question.
11. Links and Search Results.
The Site may automatically produce or contain links to third party sites throughout the Internet (“Third Party Sites”). HomeworkTutor does not own or operate Third Party Sites, and HomeworkTutor has not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that HomeworkTutor endorses any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against HomeworkTutor for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site.
12. Copyright Policy.
HomeworkTutor will terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification to takedown@HomeworkTutor.com pursuant to the HomeworkTutor Digital Millennium Copyright Act Notice.
The Internet and technology are rapidly changing. Accordingly, HomeworkTutor may modify these Terms from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. HomeworkTutor will also put any revised versions of these Terms on the Site. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
14. Term, Termination and Survival.
These Terms shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by following the instructions here http://www.homeworktutor.com.com/account/. Upon termination of your account for any reason, any pending transactions will be cancelled, and you will no longer be able to retrieve materials contained in the account. If we remove your content from the Site because of an allegation of infringement, you may not engage in any further transactions with respect to that content, and we will not pay you any additional fees for that Content. You further agree to return to us any fees you earned from such Content on the Site. You will remain liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of three years, it will be terminated. HomeworkTutor will not have the obligation to take, transfer or otherwise port any of your Contributions and/or account information or to store or provide access to your Contributions or account information. If you delete your account, any Contributions you made to the site will remain on the site in perpetuity, and HomeworkTutor may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect, including sections: 1-7, 9-12, 14, 15.3, 16 and 18-27.
The fees for use of the Site are posted at http://www.homeworktutor.com/payment-fees/ and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars.
15.1 Taxes. If you earn more than $600, you must complete a W9 tax form and submit it to HomeworkTutor. HomeworkTutor will not permit you to withdraw funds in excess of $600 from your account if you do not submit a W9 tax form.
15.2 Transaction Fee and Account Review. Purchasers and Contributors may check the status of their accounts on the Site at http://www.homeworktutor.com/myaccount. Users of the Site acknowledge and agree that HomeworkTutor may collect a transaction fee from each Query Transaction on the Site. Transaction fees are posted at: http://www.homeworktutor.com/payment-fees/. You expressly agree that any inquiries or disputes regarding any Transaction Fee must be made within thirty days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of HomeworkTutor regarding such Transaction Fee inquiry is final.
15.3 Risk of Reversals, Chargebacks and Claims.
a. Purchasers. Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, HomeworkTutor will: (i) immediately suspend your account; and (ii) charge you for the cost of such chargeback plus the applicable fees posted at http://www.studentoffortune.com/cgi/fees. You agree that we may recoup such fees from you, and you agree to directly pay HomeworkTutor such fees. If you request a chargeback, the credit card issuer, not HomeworkTutor, will determine whether the chargeback is granted.
b. Sellers. If HomeworkTutor is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay HomeworkTutor these fees; or (ii) permit HomeworkTutor to debit these fees from future fees you earn on the Site.
16. No Off-Site Transactions.
Contributors receive payment from Purchaser’s payments via the Site only. HomeworkTutor does not condone or in any way participate or become a party to any off-site transactions between users of the Site.
17. Account Termination/Fees.
If you elect to terminate your Account, HomeworkTutor will remove your Contributions from the Site. However, you will not be able to collect fees from any Query Transactions completed after such termination. HomeworkTutor reserves the right to withhold funds from: (a) fraudulent accounts (b) accounts terminated after they have been dormant for three years and/or (c) accounts in dispute where no dispute resolution has been sought within six months after termination.
18. No Refunds.
You expressly agree and understand that HomeworkTutor will not offer any refunds for Query Transactions whatsoever. You participate in an Inquiry Transaction at your own risk. You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.
19. Disputes Between Users.
Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that HomeworkTutor cannot be liable for any dispute that arises between you and any other user.
20. Resolution of Disputes.
c. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
d. Arbitration Location and Procedure. Unless you and HomeworkTutor otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HomeworkTutor submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
f. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, HomeworkTutor will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This “Legal Disputes” section shall survive any expiration or termination of your relationship with HomeworkTutor.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, HOMEWORKTUTOR DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT HOMEWORKTUTOR BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. HOMEWORKTUTOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEWORKTUTOR OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEWORKTUTOR AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
HOMEWORKTUTOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. HOMEWORKTUTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF HOMEWORKTUTOR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
22. Limitation on Liability.
You agree to indemnify and hold HomeworkTutor, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Content or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH HOMEWORKTUTOR
24. Liquidated Damages.
You agree that any violation or threatened violation of Section 4(h) may cause irreparable injury to the other party, entitling the other party to seek injunctive relief in addition to all legal remedies. As a reasonable estimation of harm resulting from a breach of Section 4(h), you agree to pay HomeworkTutor $50 for each unsolicited email or other unsolicited communication you send through the Site.
25. Not A Fiduciary.
Users may upload credit card information and make financial transactions using the Site. HomeworkTutor is not a party to those transactions between users and does not take, hold or disperse money. Rather, HomeworkTutor takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that HomeworkTutor is not a bank, credit card or financial services agency. HomeworkTutor is not acting as a trustee, fiduciary or escrow with respect to the transactions made in connection with the Site or the Services.
26.1 Entire Agreement.
These Terms constitute the entire agreement between HomeworkTutor and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and HomeworkTutor related to the subject matter hereof.
26.2 Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between HomeworkTutor and any user.
26.3 No Third Party Beneficiaries. These Terms are between you and HomeworkTutor. There are no third-party beneficiaries to these Terms.
26.4 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
26.5 Non-Waiver. HomeworkTutor’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
26.6 Severability. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
26.7 Assignment. You may not assign your rights under these Terms to any third party; HomeworkTutor may assign HomeworkTutor’s rights under these Terms without condition.
26.8 U.S. Export Controls. You acknowledge and agree that software you download from the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan or Iran or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals of the United States Commerce Department’s Table of Deny Orders. By downloading or using any of the software available from the Site, you represent and warrant that you are not located in, under the control of. or a national or resident of any such country or on any such list.
If you have any questions or concerns regarding the Chegg Websites or Services including HomeworkTutor, please write to us at support@HomeworkTutor.com
These Terms were last updated on: Jan 31, 2013