Through our Services and site, we connect users with independent contractor tutors ('Tutors') who provide instruction, tutoring and learning services. By using our Tutors and Services, you agree not to directly or indirectly compete with KAT both during the period of use and for a period of two years following completion or termination of tutoring agreements by any of the following methods. You agree 1) not to offer KAT Tutors any tutoring or related work outside of KAT, 2) not to offer to pay KAT Tutors less in order for them to work outside of KAT's business, 3) not to refer KAT Tutors to other potential clients who may hire Tutors outside of KAT's business, and; 4) not to engage in any other direct propositioning of KAT Tutors to do any work outside of KAT's business. You understand and are willing to pay forth all costs associated with transacting tutoring business with KAT. You understand and agree that such payments are to be made directly to KAT and not directly to Tutors. These include but are not limited to i) the listed hourly rate, ii) any cancellation fees as described to you below and in our Cancellation Policy below, and; iii) late-payment fees. One of the main goals of our services is to increase grades and scores on tests, exams, report cards, diplomas and/or transcripts. It is however beyond our control to directly affect these outcomes, therefore we make no warranty or guarantees that a student's academic performance will improve with use of KAT services.
3. Cancellation Policy
Our Tutors are independent contractors who are solely responsible for their own actions and words. While KAT takes many steps to ensure the proper intent of our tutors, it is not legally bound to the misconduct of Tutors. Tutors and clients agree to indemnify and hold KAT, and its subsidiaries, affiliates officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any content on the website, communication with KAT, or services provided by KAT and/or the tutors, whether by negligence or willful conduct. Tutors and clients also agree to not hold KAT liable for any loss in property or data of the tutor and/or customer.
Links to other non-KAT websites or resources ('Third Party Sites') may be found at www.KickAssTutors.com. You acknowledge and agree that KAT is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. KAT will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge that all software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection www.KickAssTutors.com or the Services (collectively, the 'Content') are the proprietary works of us and/or our affiliated and/or third party providers and suppliers and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of Content, the site or the Services. You may not store any significant portion of any Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Content or the Services on any server. Any unauthorized or prohibited use of Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. You may download and print a reasonable number of copies of documentation provided or available in connection with the Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services and Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable affiliates and/or third party providers; and (ii) you will not modify of any of the Content except as approved by us in advance in writing. You acknowledge that we and/or affiliates and/or third parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Content or otherwise, including without limitation, by accessing or using the site, the Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.
THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, OUR SITE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR ANY THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PORTION THEREOF.
|Last Updated on Sunday, 03 January 2010 21:20|