TERMS OF USE

 

Last Updated: July 28, 2017

 

Welcome to www.GeniusTutorials.com (the “Site”), operated by Genius Tutors, LLC, an Illinois limited liability company (“we,” “us,” “our,” the “Company”). This Terms of Use agreement (“Terms”), along with the policies found on the Site and on www.GeniusTutors.com, governs your use of this Site and is a binding legal agreement between the Company and you. By accessing or using the Site or Services, by accessing any content from or on the Site or through the Services, or by registering for an Account and/or submitting your payment information, you are accepting and agreeing to be bound by these Terms. All references to “you,” “your,” “User,” “Parent,” “Student” and “Tutor” will be construed to include all parents, students and tutors who access this Site and use our Services.

 

These Terms may be modified by the Company from time to time, such modifications to be effective upon posting by the Company. Any changes will be posted on this page, including the most recent revision date. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms.

 

Please read these Terms before using or continuing to use the Site. If you do not agree to abide by these, or any future Terms, do not use or access (or continue to use or access) the Site.

 

USE OF OUR SERVICE

 

Services Description: We provide educational services, including live and pre-recorded tutoring videos (“Services”) through our Site.

 

Registration: In order to access and use certain features of our Site and Services, you must register to create an account (“Account”). You may create an Account via the Site or by using third party services such as Facebook or Google. By using these third party services, you agree that we are authorized to extract the personal information you allow on these services in order to create your Account. After creating an Account, you will be able to subscribe to different content provided by our Service.

 

Eligibility: By accessing and using this Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement on your own behalf or on behalf of a minor who will be receiving this Service. You also warrant that by using this Service, you will not be violating any law or regulation of the country in which you are a resident. You are solely responsible for your compliance with all applicable local laws and regulations. You are not permitted to use the Site or submit any content if you are under the age of 13.

 

Fees & Payment:

 

  • Subscription Fee. Our Service provides educational videos for a number of topics and levels. Each class or topic provided by us may have a separate fee (“Subscription Fee”) attached to it. You agree to pay the appropriate Subscription Fee corresponding to the particular Service that you wish to access for the term (“Subscription Term”). We reserve the right to change the Subscription Fee when your Subscription Term is up for renewal. All fees are non-cancellable and non-refundable.
  • Payment Details. Payment of Subscription Fees will be handled via PayPal or your Parent Account Link on www.GeniusTutors.com and we do not store any information regarding your payment details. If, for any reason, your credit/debit card company or bank refuses to pay the amount billed for our Services, you agree that we may suspend or terminate your subscription to the Services.

 

 

Term and Termination:

    • General Term. This Agreement will remain in full force and effect while you use the Service and/or have an Account. You agree that we may suspend, terminate or discontinue the Site at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice. We reserve the right to immediately terminate or suspend any User accounts or passwords in the event that User violates any of the terms and conditions of this Agreement or engages in any conduct which we, at our sole discretion, consider it to be unacceptable. In the event of any termination, you will immediately cease access to the Site and Services. You agree that we will not be liable to you or any third-party for any termination of your access to the Service.

 

  • Subscription Term. If you have paid a Subscription Fee for any of our services, the term of that subscription will be listed when you select your course. The Subscription Fee is not prorated and the full amount is due regardless of when you subscribe to a course. Once the term you signed up for ends, you will no longer have access to those videos.

 

 

Accounts, Password and Security: You are responsible for maintaining the confidentiality of any accounts and passwords and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

User Conduct: You agree to use the Site in a lawful and appropriate manner. Any use of the site that we feel, at our own discretion, is inappropriate, unlawful and/or offensive may result in suspension or termination. You agree not use the Service to:

  • email or otherwise post any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to post under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Genius Tutors, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type;
  • interfere with or disrupt the Site, Service or servers or networks connected to the Site or Service;
  • attempt to gain unauthorized access to the Site or any other User accounts;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
  • Access the Service in a jurisdiction in which it is illegal or unauthorized;
  • harvest or collect email addresses or other contact information of other users;
  • promote criminal activity; or
  • obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service.

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (collectively "Intellectual Property"). Except as expressly authorized by Genius Tutors, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Intellectual Property, in whole or in part, except that the foregoing does not apply to your own Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or our Intellectual Property other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Genius Tutors, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

The Genius Tutors name and logos (collectively “our Marks”) are trademarks and service marks of the Company. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.

Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Marks displayed on the Service, without our prior written consent in each instance. All goodwill generated from the use of our Marks will inure to our exclusive benefit.

Your Content: You may from time to time submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information ("User Content"), including feedback and support requests. By providing User Content to us, you represent and warrant that you own (or have sufficient rights to) all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant us and our affiliated companies a worldwide, perpetual, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Genius Tutors are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Genius Tutors, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Network Access: You are responsible for any network, data, and messaging rates and fees that may apply if you access or use the Services from your device.

Third Party Links: The Service may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by Genius Tutors (collectively, "Third Party(ies)"). Genius Tutors does not endorse or assume any responsibility for any such Third Party sites, information, materials, products, or services. If you access a Third Party website from the Service or use a Third Party service, you do so at your own risk, and you understand that this Agreement and the our Privacy Policy do not apply to your use of such Third Party sites or services. You expressly relieve Genius Tutors from any and all liability arising from your use of any Third Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Genius Tutors shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Disclaimer of Warranty: YOU AGREE THAT USE OF COMPANY’S SERVICES AND THE SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTIES REGARDING WHETHER OR NOT THE SERVICES MEET YOUR REQUIREMENTS OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OBTAINED FROM THE SITE.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY COMPANY IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability:

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR SERVICE PROVIDER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification & Release: You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 

Governing Law: This Agreement is governed, construed, and interpreted by, through and under the laws of the State of Illinois, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Cook County, Illinois and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except as Genius Tutors may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

Termination: You agree that we may suspend, terminate or discontinue the Site at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice. We reserve the right to immediately terminate or suspend any User accounts or passwords in the event that User violates any of the terms and conditions of this Agreement or engages in any conduct which we, at our sole discretion, consider it to be unacceptable. In the event of any termination, you will immediately cease access to the Site and Services. You agree that Genius Tutors will not be liable to you or any third-party for any termination of your access to the Service

Electronic Communications: For contractual purposes, you consent to receive communications from us in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

General: This Agreement, together with the Privacy Policy and any other terms, guidelines, or notices by us on the Site, shall constitute the entire Agreement between you and the Company.

You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party.

At any time, we may, in our sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

 

PRIVACY POLICY

Last Updated: July 28, 2017

Genius Tutors, LLC (“Genius Tutors,” “we,” “us,” “our” and “Company”), respects the privacy of its users (“Users” or “you”) and has developed this Privacy Policy to outline the types of personal information we may receive or collect and what we do with it when you use the GeniusTutorials.com website (the “Site”) and view or subscribe to our content (collectively our “Service”). The terms “Users” or “you” shall apply to Students, Parents, Tutors or any other person or entity who views, accesses, uses, or submits any information through the use of our Service.

By using our Service, you are accepting the practices described in this Privacy Policy.

 

What Kind of Personal Information Does Genius Tutors Gather?

Any information we gather from Users enables us to personalize and improve your experience during the use of our Service. We may collect this information via the Site, email communications, telephone, in-person or other ways you communicate with us. This information can be personal information you submit to us, information we collect automatically, or information we collect from other sources. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service.

Information You Give To Us.

We receive and store any information you enter on the Site or give us in any other way. The types of Personal Information you might supply to us which we store may include your name, e-mail address, physical address, zip code, phone number, IP address, feedback and any other content you provide us in order for us to offer you our Services. It is up to you to choose whether or not to provide us with certain information. The absence of certain information, however, may preclude you from receiving our Services.

Information We Automatically Collect Through Your Use

We may use “cookies” and other technologies to enhance your online experience and to learn about how you use our website and services. A “cookie” is a small file containing a string of characters that uniquely identifies your browser. Through the use of a cookie, we may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links that you click. In the event that we advertise, we (or third parties) may use certain data collected on our Service to show you advertisements on other sites or applications. If you choose, you may be able to opt out of the collection of the cookie information by disabling cookies in the preferences settings in your browser.

Our servers may also automatically record information when you visit the Site, including the URL that directed you to our website, your IP address, your device’s geographic location, browser type and language, and access times.

We may utilize third party services to gather statistics on our website. The information gathered by these services helps us understand how you interact with our website and we use this information to improve your experience using the website. Analytical service providers may use items such as cookies to collect data about how our visitors use the sites.

Payment Information.

Payment for our Services on this site is done through PayPal or Parent Account Link on GeniusTutors.com. We do not collect or store your payment  information. Please refer to PayPal’s privacy policy and/or Forte Payment Systems Privacy Policy (https://www.forte.net) to learn how your information is used and stored by the company.

Facebook and Google Login

You may be able to create an Account on our Site and login using your Facebook or Google account. By creating an Account using these methods, you allow us to access your Facebook and/or Google account information (including but not limited to your Name, Email Address, and User ID) . Your privacy settings for each account can be adjusted on the respective websites.

 

Does Genius Tutors Share Any of My Information?

We will not sell, rent or lease your personal information to others who are not affiliated with us. We may, however, share Personal Information as described below:

Information Shared With Tutors

We share your contact information with Tutors that you have requested in order for them to be able to provide the services you have requested. This information may include your name, address, telephone number, and other related information used to fulfill your request.

Shared Personal Information of Users

We may provide your personal information to third parties in order to perform internal business functions, such as notifying you of new videos posted, payment processing, data analysis, and email transmissions, on our behalf for the purpose of providing their services to you.

Business Transfer

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be an asset which is transferred. You acknowledge and agree that such transfers may occur and are permitted by this Privacy Policy. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy, but we will take reasonable steps to seek protection for your personal information in advance of any such transaction.

Other

We may have a good faith belief that access, use, preservation or disclosure of personal information is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or legitimate governmental request, (b) detect, prevent, or otherwise address suspected fraud, security or technical issues, (c) enforce any applicable Terms of Service, including investigation of potential violations thereof, or (d) protect against imminent harm to the rights, property or safety of the Company, its customers or the general public as required or permitted by law.

Certain information you post or provide through the use of our Service, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of the Site, including without limitation, social media applications and other public forums in which you choose to participate. Keep in mind that any information, including Personal Information, you choose to disclose in such public forums may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. We have no control over who reads your postings or what other users may do with the information you voluntarily post.

If you provide us with any feedback, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personally Identifiable Information. You hereby agree that any comments and any email you provide your feedback in becomes our property and that we may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

What Kind of Security Does Genius Tutors Use to Protect My Information?

The Personal Information you maintain in your account may be protected by a password and/or your email address. Although we take steps to secure your information, we cannot guarantee the security of any information transmitted to or from our Site, and are not responsible for the actions of any third parties that may receive any such information from your use of our Service.

Changes to This Policy.

We may from time to time update this Privacy Policy. In the event we make changes, we will provide you notice through the Services or by some other means such as email or posting a notice on our Site. Your continued use of the Services after such notice constitutes your consent to the changes.

How Do I Contact You?

We value your opinions and suggestions. Please go to https://www.geniustutors.com/#!/contact  or email us with any questions or concerns at tutoring@geniustutors.org.