TutorEye, Inc. ("TutorEye", "our", "us" or "we") provides TutorEye, an online platform that connects tutors with individuals seeking tutoring services and other services related thereto (collectively, the "Services") through our website, accessible at www.TutorEye.com (the "Site"). The Services include the ability for Users and Tutors (each as defined below) to interact via the TutorEye platform's interface or other methods as may be made available by TutorEye from time to time.
As a tutor, your use of the Services is governed by the policies, terms and conditions below.
The site and services comprise an online platform which facilitates the connection between users and tutors featured on the site and via the services. You understand and agree that tutoreye is not a party to any agreements entered into between users and tutors. Tutoreye has no control over the lesson services or the conduct of users, tutors and other users of the site and services, and disclaims all liability in this regard.
Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Tutor Terms of Service and terms and conditions posted for a specific area of the Site, Services or Collective Content, the former terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.
you acknowledge and agree that, by accessing or using the site or services, or your tutoreye account, or by posting any content on the site or through the services in connection with your lesson services or otherwise, you are indicating that you have read, and that you understand and agree to be bound by, these tutor terms of service, whether or not you have registered via the site. if you do not agree to these tutor terms of service, then you have no right to access or use the site, services or collective content.
If you accept or agree to these Tutor Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Tutor Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Site and Services can be used to facilitate the provision of Lesson Services via our online platform and its video and text chat and document collaboration interface. As stated above, TutorEye makes available a platform with related technology for Users to connect with Tutors online and conduct the Lesson Services via our online interface as requested by Users. TutorEye is not a provider of tutoring services. TutorEye's role is solely to facilitate the availability of the Site and Services. Similarly, TutorEye is not a contracting agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of TutorEye.
You are an independent contractor and nothing in this Tutor Terms of Service will be construed as establishing an employment or agency relationship between you and TutorEye. You have no authority to bind TutorEye by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Lesson Services in connection with this Tutor Terms of Service or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by TutorEye to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by TutorEye pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
Please note that, as stated above, the site and services are intended to be used to facilitate the connection of users and tutors for the provision of lesson services. Tutoreye cannot and does not control the services performed by tutors for students, or the actions of any tutors, users or other users of the site and services. Tutoreye is not responsible for and disclaims any and all liability related to any and all actions of tutors, users, third parties and other users of the site and services. Accordingly, any meetings (virtual or otherwise) between users, tutors or any other third parties and any purchases of lesson services provided by tutors are done at the party's' sole risk.
To become a tutor, provide Lesson Services, and to be eligible to receive payment for the Lesson Services you provide, you must register and create an “Account” and be 18 or older. By registering as a Tutor, you represent and warrant you are 18 or older.
You can register to join the Service as a Tutor by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited, to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address, list of SNS friends and other information you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the privacy settings you have with the SNS.
When you register with TutorEye and set up your Account, you: (i) agree to provide TutorEye with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize TutorEye, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify TutorEye of any unauthorized use of your username, password or Account.
You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Tutors and (ii) other persons to participate in providing Lesson Services from your Account.
If you register via the Site and Services to serve as a Tutor, you represent and warrant to TutorEye that you (i) have requisite knowledge in the subjects you select via the Services to provide Lesson Services in such subjects to Users; (ii) will utilize User-paid Lesson Services time solely to provide Lesson Services only; (iii) you are or were a student at the academic institution you listed as your school at the time of registration to use the Site and Services and (iv) will not provide Lesson Services to persons under 13. You understand and agree that Users will contact you via the Site and Services and request that you provide Lesson Services. You have no obligation to provide any Lesson Services, and any Lesson Services you may choose to provide are in your sole discretion.
As a tutor you acknowledge and agree to the following:
(a) TutorEye acts as a technology service that facilitates the provision of Lesson Services between Tutors and Users and does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a tutor's Lesson Services, nor will TutorEye be held responsible for any Tutor's failure to comply with laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, TutorEye is not responsible for the use or exchange of any information, files or goods between Tutors and Users. Further, TutorEye does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Tutors or Users, including, without limitation, the Lesson Services provided or other information made available through the Site and Services.
(b) You are solely responsible for your interactions with Users. You understand that TutorEye does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Lesson Services and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of Lesson Services is at your sole risk and discretion.
(c) TutorEye reserves the right to contact Tutors and Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a User or another Tutor has violated the law or is defrauding, threatening or endangering anyone, TutorEye urges you to immediately contact the police directly for help.
(d) You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Lesson Services.
(e) You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Lesson Services.
(f) You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Lesson Services.
(g) You will not record or otherwise store any Lesson Service sessions that you provide through the Site or Services.
(h) You will not use the Site or Services or provide Lesson Services in any manner that harasses a User or another Tutor or could interfere with any other party's use or enjoyment of the Site, Services or Lesson Services. You will respect the privacy of others and not use the Site, Services or Lesson Services for unwelcome, rude or abusive communications or in any other manner as determined by TutorEye in its sole discretion.
(i) You may not use the Site or Services to contact a User to meet in person. You may not provide Lesson Services to a User outside of the Site or Services.
If you register to use the Site and Services as a tutor and provide Lesson Services via the Site and Services, you may be entitled to receive a payment from TutorEye for the provision of Lesson Services.
The lesson time is calculated through actual “Billed minutes” which is the time the whiteboard session is “online” before either the tutor or the student logs out or closes the browser.
Tutors are paid every Friday, for all lessons completed since the previous payment. Lessons completed by Sunday will be reimbursed the week after Friday (Approximately after 12 days). Tutor Payments will be prorated for partial hours of Lesson Services provided. In order to receive Tutor Payments from TutorEye, you will be required to create an account with our third party payment processor. Tutor Payments will be remitted to you via the account you create with such third party payment processor within a commercially reasonable time after your provision of Lesson Services to a User. You are solely responsible for ensuring that you will be able to transfer money from the third party payment processor.
You acknowledge and agree that TutorEye reserves the right, in its sole discretion, to prospectively modify its rates for Tutor Payments at any time. If we modify the rates for Tutor Payments, we will provide you with notice of the modification with thirty (30) days advance notice. By continuing to provide Lesson Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Payment rates. If the modified Tutor Payment rates are not acceptable to you, your only recourse is to cease providing tutoring services via the Site and Services.
Please note that if a tutor Payment sent by TutorEye to you in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason (e.g. a User requests a refund), you will be liable to TutorEye for the full amount of such Tutor Payment that TutorEye sent to you and any fees related thereto. This means that you will be responsible for reimbursing TutorEye in the event of a chargeback, reversal of payment or other claim by a User in this regard.
IRS regulation regarding federal tax reporting requirements stipulate that TutorEye must collect an IRS Form W-9 from any individuals in the United States. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. You will report to all applicable government agencies as income all compensation (including Tutor Payments) received by you for services performed in connection with this Tutor Terms of Service (including Lesson Services), the Services, or the Site. We cannot and do not offer tax advice to any Tutors on the Site and Services.
TutorEye does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Site and Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Tutors, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from TutorEye with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of TutorEye and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Subject to your compliance with the terms and conditions of these Tutor Terms of Service, TutorEye grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any TutorEye Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Tutor Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TutorEye or its licensors, except for the licenses and rights expressly granted in these Tutor Terms of Service.
We may, in our sole discretion, permit users of the Services to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to TutorEye, which TutorEye may exercise solely in connection with the Services, including promotion of the Services, directly or directly by intermediaries: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Users, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. TutorEye does not claim any ownership rights in any User Content and nothing in these Tutor Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to TutorEye and to the rights in such User Content, as contemplated under these Tutor Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TutorEye's use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that provision of Lesson Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Lesson Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. TutorEye shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
If you decide to provide feedback, comments and suggestions for improvements to the Site or Services ("Feedback"), you may do so by emailing us at firstname.lastname@example.org. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
1. Use, display, mirror or frame the Site, or any individual element within the Site or Services, TutorEye's name, any TutorEye trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TutorEye's express written consent;
2. Access, tamper with, or use non-public areas of the Site, TutorEye's computer systems, or the technical delivery systems of TutorEye's providers;
3. Attempt to probe, scan, or test the vulnerability of any TutorEye system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TutorEye or any of TutorEye's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
4. Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TutorEye or other generally available third party web browsers;
5. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
6. Use any meta tags or other hidden text or metadata utilizing a TutorEye trademark, logo URL or product name without TutorEye's express written consent;
7. Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Tutor Terms of Service;
8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
11. Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
12. Impersonate or misrepresent your affiliation with any person or entity;
13. Violate any applicable law or regulation; or
14. Encourage or enable any other individual to do any of the foregoing.
TutorEye will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TutorEye may involve and cooperate with law enforcement authorities in prosecuting users who violate these Tutor Terms of Service. You acknowledge that TutorEye has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Tutor Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TutorEye reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TutorEye, at its sole discretion, considers to be in violation of these Tutor Terms of Service or otherwise harmful to the Site or Services.
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that TutorEye is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TutorEye of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
TutorEye reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Tutor Terms of Service, at any time and without prior notice. If we modify these Tutor Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Tutor Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Tutor Terms of Service. If the modified Tutor Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
If you breach any of these Tutor Terms of Service, TutorEye will have the right to suspend or disable your Account or terminate these Tutor Terms of Service, at its sole discretion and without prior notice to you. TutorEye reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event TutorEye terminates these Tutor Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
The site and services are provided "as is," "where is," "as available," "with all faults" and, to the fullest extent permitted by law, without warranty of any kind. Tutoreye and its licensors disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. Tutoreye does not warrant that the site, services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective. Tutoreye does not warrant that provision of lesson services will produce any level of profit or business for you or lead to economic benefit.
You acknowledge and agree that tutoreye does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data, or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. Tutoreye shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from tutoreye or through the site, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with tutors and other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with tutors or users via the services or otherwise. You understand that tutoreye does not screen or inquire into the background of tutors, users or other users of the site or services, nor does tutoreye make any attempt to verify the statements of tutors, users and other users of the site or services. Tutoreye makes no representations or warranties as to the conduct of tutors, users or other users of the site or services or their compatibility with any current or future users or users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services.
You agree to defend, indemnify, and hold TutorEye, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Lesson Services, or your violation of these Tutor Terms of Service.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. Neither tutoreye nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these tutor terms of service or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with tutors, users or other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not tutoreye has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will tutoreye’s aggregate liability arising out of or in connection with these tutor terms of service or from the use of or inability to use the site, services or collective content exceed the tutor payment amounts tutoreye has paid to you in connection with your provision of lesson services via the site and services or one hundred dollars ($100) (whichever is greater), if you have not received any tutor payments from tutoreye, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between tutoreye and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
All trademarks, service marks, logos, trade names and any other proprietary designations of TutorEye used herein are trademarks or registered trademarks of TutorEye. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Tutor Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Tutor Terms of Service constitute the entire and exclusive understanding and agreement between TutorEye and you regarding the Site, Services and Collective Content, and these Tutor Terms of Service supersede and replace any and all prior oral or written understandings or agreements between TutorEye and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Tutor Terms of Service, by operation of law or otherwise, without TutorEye's prior written consent. Any attempt by you to assign or transfer these Tutor Terms of Service, without such consent, will be null and of no effect. TutorEye may assign or transfer these Tutor Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Tutor Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Tutor Terms of Service, will be in writing and given: (i) by TutorEye via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and TutorEye agree that any dispute, claim or controversy between you and TutorEye, or otherwise arising out of or relating to these Tutor Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and TutorEye are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TutorEye otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Tutor Terms of Service.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
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 http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314 .) 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.
Arbitration Location and Procedure. Unless you and TutorEye otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, and you pursue your claim in arbitration, then the arbitration will be conducted solely on the basis of documents you and TutorEye 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.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the Tutor Terms of Service of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. TutorEye will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
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, TutorEye 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)).
Changes. Changes. Notwithstanding the provisions of the "Modification" section above, if TutorEye changes this "Dispute Resolution" section after the date you first accepted these Tutor Terms of Service (or accepted any subsequent changes to these Tutor Terms of Service), you may reject any such change by sending us written notice (including by email to support@TutorEye.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of TutorEye's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TutorEye in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Tutor Terms of Service (or accepted any subsequent changes to these Tutor Terms of Service).
The failure of TutorEye to enforce any right or provision of these Tutor Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TutorEye. Except as expressly set forth in these Tutor Terms of Service, the exercise by either party of any of its remedies under these Tutor Terms of Service will be without prejudice to its other remedies under these Tutor Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Tutor Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Tutor Terms of Service will remain in full force and effect.