To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the Agreement shall control.
2. ELECTRONIC SIGNATURE AND DELIVERY
This Agreement and the Courses include important disclosures and information. When you continue to use this website, you confirm your understanding and acceptance of this Agreement and its terms and conditions.
3. GRANT OF LICENSE
4. RESTRICTIONS ON USE
You shall not: (a) use, copy, merge, or make derivative works of the website or Courses or any part of the Courses, except as specifically authorized in this Agreement; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare the Courses or any of your rights under this Agreement, except as expressly authorized in this Agreement; (c) provide unauthorized third parties with access to or use of the Courses; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of the Courses, except and only to the extent that such activity is expressly permitted by applicable law; (e) use automated scripts to collect information or otherwise interact with the Courses in an unauthorized manner; (f) impersonate any person, entity, or otherwise misrepresent yourself, your age, or your affiliation with any entity; (g) use the website or Courses in any unlawful manner or in any manner that could harm or disable AnswersTutoring.com; (h) use the Courses to upload, post, send, store, or otherwise transmit any content that Answers finds objectionable; or (i) use the Courses after any expiration, termination, or cancellation of this Agreement or the license granted herein.
You may obtain direct access via the Site to certain confidential information of Answers and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Answers and its affiliates.
The Agreement imposes no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Answers, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Agreement; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under this Agreement and as disclosed after prior notice to Answers adequate to afford Answers the opportunity to object to the disclosure.
5. REGISTRATION INFORMATION
6. CANCELLATIONS AND REFUNDS.
Cancellation: A student may cancel their Courses on AnswersTutoring.com at any time. To cancel, an email must be sent to flack@AnswersTutoring.com.
Refund Eligibility: Within three days of availability of any online course content, a student may be entitled to a partial refund. Answers will issue a partial refund less $25 registration fee, applicable tax and shipping fees up to the expiration of the three day limit. NO REFUNDS WILL BE GIVEN AFTER THE EXPIRATION OF THE THREE DAY LIMIT. All refund requests must be made in writing.
The required software for use of the Courses is Adobe® Flash Player® 11.9.900.117, and Adobe® Acrobat Reader® XI (11.0.04)[need to list what is required for the course and all accompanying materials], or higher. It is recommended that you use a high speed Internet connection for video playback in order to attain optimum performance when operating the Courses. The required operating system for our Android™ applications is Android™ 4.1 JellyBean or higher, and the required operating system for our Apple® applications is iOS 6® or higher. [need to determine if we plan on adding applications at a later date]. These specifications may change from time to time as documented on the AnswersTutroing.com website. By consenting to this Agreement, you agree to monitor the AnswersTutoring.com website and implement necessary upgrades as the requirements change.
The Courses are licensed, not sold, to you for use only according to the terms of this Agreement, and Answers reserves all rights, including without limitation intellectual property rights, not expressly granted to you. Answers retains sole and exclusive ownership of the Courses and all title and intellectual property rights therein. The Courses are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties. To the extent you acquire any right to the Courses or derivative works or improvements of the Courses, you hereby assign to Answers all right, title, and interest in and to the Courses and derivative works and improvements of the Courses.
Any communications or material of any kind that you e-mail, post, or otherwise transmit through the Courses, including data, content, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Answers to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the AnswersTutoring.com website or elsewhere with no liability or obligation to you. Answers and its affiliates, licensors, and agents are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, without limitation, developing and marketing products using such information, with no additional consideration provided to you.
11. SUPPORT SERVICES
Answers or its agents may provide you with support services related to the Courses ("Support Services"). Such Support Services will be provided by Answers or its agents at no charge during the term of this Agreement. Use of Support Services is governed by the Answers’s policies and programs described in the Courses or on the AnswersTutoring.com website. Any supplemental materials provided to you as part of the Support Services shall be considered part of the Courses and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Answers or its agents as part of the Support Services, you agree and acknowledge that Answers or its agents may use such information for its business purposes, including for product support and development for which you will make no claim. Neither Answers nor its agents will use such technical information in a form that personally identifies you.
12. USE OF THIRD-PARTY SERVICE PROVIDERS
Answers may, at its sole discretion and with or without notice, use third-party service providers to assist in providing the Courses (each, a “Third-Party Service Provider”). You consent and authorize Answers to delegate the authorizations you provide to Answers to its Third-Party Service Provider(s) as Answers deems necessary or desirable. You agree that all terms and conditions of this Agreement inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are deemed to be third-party beneficiaries of this Agreement. You also agree that all references to “Answers” within this Agreement and any incorporated terms are also deemed to include, where applicable, Answers’s agents, such as the Third-Party Service Providers.
13. EXPORT CONTROL
You agree that you will use the Courses in accordance with all United States laws and are prohibited from transferring or exporting the Courses, directly or indirectly, outside the United States to any country where doing so is prohibited.
14. TERM AND TERMINATION
The license granted to you herein will terminate automatically in the event you violate any provision of this Agreement. You may terminate or cancel the license granted by discontinuing use of the Courses and providing Answers written notice. In the event of termination for any reason, you shall either delete or destroy any media containing the Courses or return it to Answers. The termination of this Agreement does not relieve either party of its rights and obligations that have previously accrued. All matters that (a) expressly survive the termination of this Agreement, (b) relate to the termination of this Agreement, or (c) in the normal course would not occur or be effectuated until after any such termination, as well as all rights and obligations of the parties pertaining thereto, shall survive any termination and be given full force and effect notwithstanding any termination of this Agreement. Otherwise, the license terminates upon the administration of the applicable exam, MPRE, or law school exam [we need to decide if we want the license to terminate after the testing date]. Further, Answers reserves the right to terminate your access and use of the Courses with or without notice.
15. DISCLAIMER OF WARRANTIES
THE COURSES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; THAT THE COURSES’S FUNCTIONS WILL MEET YOUR REQUIREMENTS; THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE INFORMATION PROVIDED VIA THE COURSES WILL BE ACCURATE, TIMELY, OR COMPLETE; THAT YOUR REGISTRATION INFORMATION, COMMUNICATIONS, OR OTHER PERSONAL INFORMATION WILL BE SECURE; THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY ADVICE, INSTRUCTIONS, OR RECOMMENDATIONS IN THE COURSES; OR THAT THE COURSES WILL BE VIRUS FREE OR OTHERWISE SAFE FOR YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT. NEITHER ANSWERS NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS PROVIDE ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR STATEMENTS AND CONDUCT OF ANY THIRD PARTIES USING THE COURSES AND FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE COURSES.
16. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANSWERS OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COURSES, RELIANCE ON THE COURSES OR INFORMATION PROVIDED THEREBY, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR YOUR PERFORMANCE ON THE EXAMINATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED US $100.00.
You agree to defend, indemnify, and hold Answers and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees that arise from your use of the Courses, including without limitation, your violation of this Agreement. Specifically, you agree to indemnify Answers with regard to any violations of licensing agreements with Apple®, Android™, or the National Conference of Bar Examiners. Answers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Answers in asserting any available defenses.
18. ENTIRE AGREEMENT.
19. CHOICE OF LAW AND REMEDIES.
This Agreement shall be governed and interpreted solely and exclusively in accordance with the laws of the State of Colorado or Texas, United States of America, without regard to its conflict-of-laws provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the State of Colorado or Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Answers with respect to this Agreement, you agree that Answers will be entitled to recover its costs and expenses (including attorney’s fees), in addition to any other remedy available at law, in equity, or otherwise, if Answers is successful in the prosecution or defense of such claim or action. Any claim against Answers must be brought within one year of the date the cause of action accrued or shall be deemed waived.
In addition to subjecting you to criminal and civil liability, misuse of the Courses and violation of this Agreement is a violation of professional ethics, and Answers may report any misconduct to the character and fitness board in your jurisdiction.
20. ARBITRATION CLAUSE.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its User (e.g. Tutor, Student) conduct, or the Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.
Answers and you will attempt to agree on a single arbitrator. If agreement is not possible, each party will select its own arbitrator. Each party’s arbitrator will, in turn, confer and select a single arbitrator. The arbitrator will base the decision on the evidence presented and in accordance with this Agreement and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.
YOU AND ANSWERS AGREE THAT EACH OF US MAY BRING CLAIMS, SUIT, INJURY, HARM, LOSS OR DAMAGE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ANSWERS 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, OR CLASS PROCEEDING. ALSO, 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER ANSWERS USERS.
The arbitration shall be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and the judgment of the arbitration award may be entered by any court having jurisdiction thereof.
Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Answers will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence an arbitration against Answers, you must complete a short form, submit it to the AAA, and send a copy to Answers Tutoring, LLC, Attn: Legal, 8547 E Arapahoe Rd J299, Greenwood Village, CO 80112. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of this Agreement shall be any Texas or CO? State Court or Federal Court sitting in _____ County, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding. You and Answers agree that any dispute is personal to you and Answers and that any such controversy, claim, suit, injury, harm, loss or damage shall be brought on an individual basis, and shall not be consolidated with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms unenforceable.
You acknowledge and agree that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. This Agreement shall not be assignable by you but shall be assignable by Answers. If any provisions of this Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. Section titles or captions herein, which are included for purposes of convenience only, shall not be considered a part of this Agreement in construing or interpreting any of its provisions.
22. OTHER INTELLECTUAL PROPERTY RIGHTS.
Some of the ACT and SAT practice questions and answers (collectively, “Content”) provided in the Courses and accompanying materials are copyrighted by the National Conference of Bar Examiners (“NCBE”) [if we want to buy any material from ACT]. They have been included with express permission of the copyright owner. You are permitted to view the Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, disclose or distribute any of the Content in whole or in part. Any unauthorized use of the Content is a violation of the NCBE’s rights and could subject you and others who are involved to criminal and civil penalties. Additionally, permission to use the NCBE’s questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials.
The National Conference of Bar Examiners provides certain Civil Procedure sample questions as an educational tool for candidates seeking admission to the bar within a U.S. jurisdiction. These sample questions are very similar in format to the Multistate Bar Examination (MBE), and are intended to familiarize candidates with Civil Procedure MBE-style questions. While these sample questions illustrate the kinds of Civil Procedure questions that will appear on the MBE starting in February 2015, they do not represent all the Civil Procedure material that will be covered.
Android™ is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. The trademark Apple® is a registered trademark of Apple Inc. The trademark iOS® is property of Cisco. Answers’s use of these trademarks does not imply an endorsement by any of the trademark holders of the Courses or Answers.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. – ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
25. ADVERTISEMENTS AND PROMOTIONS
Answers may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Answers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Answers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Answers advertisers on the Site.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
27. ACADEMIC HONESTY
You acknowledge and agree that Answers’s services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Answers's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
28. ASSUMPTION OF RISK
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Answers’s Tutor and Student Safety Tips, when interacting with other users.
29. CONTINUING TO USE THIS WEBSITE ACTS AS YOUR CONSENT
By continuing to use this website, you acknowledge that you have read and understood this Agreement's terms and conditions. You further acknowledge that you are using the website for the sole purpose of exam preparation, and not at the direction of, or for the benefit of, a Answers competitor.
What information does Answers collect?
When visiting the website, users may provide Answers with two types of information: (1) personal information that a user knowingly chooses to disclose that is collected on an individual basis, and (2) website information collected on an aggregate basis as users browse the website.
Personal Information: When users register with Answers, certain personally identifying information will be provided, including but not limited to your name, address, phone number, and educational information. Users may also provide additional information so that Answers may better serve the user’s needs. If a user chooses to correspond with Answers through email or via the online messaging system, Answers may retain the content of the messages together with the email address and the responses. Answers will also collect information about the usage of the website, such as courses used, practice questions answered, and course progress.
Website Information : Similar to other commercial website, Answers’s website utiliezes standard technology called “cookies” to collect information about how the website is used. Information gathered through cookies may include date and time of visits, the pages viewed, time spent at the website, and how the user arrived at the website.
Collection, Retention, and Use of Information about the User
Answers collects and retains information about the user only for specific business purposes. Answers use information to protect and administer the courses, to comply with certain laws and regulations, to help with the design or improve on the products and services, and to understand the needs so that Answers can provide you with quality products and superior service. Answers also uses the information collected to communicate with about the users course progress and to notify the user about important information, new services, and special valuable offers.
Restrictions on Disclosing Information to Parties Outside Answers
Answers does not reveal specific information about a user to parties outside the company for independent use unless: (1) the user requests or authorizes it; (2) the information is provided to help complete a transaction initiated by the user; (3) the information is provided to the school; (4) the disclosure otherwise is lawfully permitted or required. Answers does not provide personal information ot companies for the purpose of independent telemarketing, email marketing, or direct mail marketing of any products or services of those companies.
Security Procedures and Information
Answers maintains security standards and procedures to help prevent unauthorized access to confidential information about you. Answers updates and tests technology to improve the protection of its information about its users and to assure the integrity of that information.
Maintaining users’ privacy in Business Relationships with Parties Outside the Company
Sometimes it is necessary to provide personally identifiable information about a user to a party outside Answers, such as to a service company that is hired to provide support or services for the products. These service companies agree to safeguard any confidential information about Answers’s users.
Answers’s website and email notices may contain links to other sites. Please be aware that Answers has no control over these other sites and is not responsible for their privacy practices.
Use and Consent