Shafsar Solutions, Inc., a California corporation, and its affiliates ("Shafsal Solutions", "we", or "us"), offers this mobile application (the "App"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated in these Terms of Use. BY USING THE APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP.

 

IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS OR GUARDIANS MUST AUTHORIZE YOUR USE OF THE APP.  If you are a parent, guardian, or other person who enables a child to access the App, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

Shafsal Solutions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Shafsal Solutions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the App.  These Terms of Use were last updated on August 12, 2014.

Services

Through the App, we enable users to (the �Services�) connect with tutors (�Tutors�), who provide live, one-to-one instruction, and other students (�Students�).  Profiles are created and maintained by each Tutor and Student.  We do not control, and are not responsible for, the content of the profile for any Tutor or Student. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Tutors or the other Students.

You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the App and for obtaining and maintaining all telephone, hardware and other equipment required for such access and use.

As an online service, the App may periodically be unavailable as we perform regular maintenance and upgrades.

Privacy Policy

We are concerned about privacy and your privacy while accessing the App and using the Services. Please review our Privacy Policy on www.studymile.com.

Registration Obligations

To use the App to obtain the Services, you will need to register on the App and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You may not transfer your account, username or password to another person, and you may not use anyone else's account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. For additional information on how we use your information, please see our Privacy Policy.

In consideration of your use of the App, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the App�s registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the App, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors for employment or contracting for a business not affiliated with us without our advance written permission.

If you reside outside the United States, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country�including the United States. Your personal information shall only be used in accordance with our Privacy Policy.

User Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, and developing, manufacturing, and marketing our current and future Services. By uploading or otherwise making available any User Content, you automatically grant and warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the �fair use� doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of �fair use� under copyright law.

You agree that we may record all or any part of any tutoring sessions on the App for quality control and other purposes. We reserve the right to review the tutoring sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of tutoring sessions and all comments that you may provide to us on or through the App or any other means, such as on user satisfaction or other similar surveys, and that these Terms of Use shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

Copyright

You acknowledge that the App, the technology underlying the Services, and all other 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 with the App or the Services (collectively, the "Company Content") are the proprietary works of us or our affiliated 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 of Use, 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 App, Company 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, the App or any other Company Content, or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the App, other Company Content, or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Links

The App may provide links to non-Shafsal Solutions mobile applications or websites (�Third Party Apps�). This may include Tutors sending links to Third Party Apps or causing Third Party Apps (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third Party Apps, you acknowledge and agree that we are not responsible for the availability of Third Party Apps and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Apps. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Apps or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

Payment

Payments to Tutors are processed by a third party payment processor.  Tutors agree that 20% of the fees they receive in connection with the Services will be deducted by the third party vendor and paid to Shafsal Solutions in consideration of such Tutor�s use of the Services.  You agree we will not be responsible for the acts or omissions of our third party payment processor.  Payouts to Tutors will be conducted on a biweekly basis.  Payment options can be through a third party company, direct deposit, or check.   Tutors will fill out time sheets to accurately record hours; incorrect recording can result to account termination.

Tutors understand and agree that Shafsal solutions reserve the right, in its sole discretion, to modify its rates for tutor�s fees at any time.  If we modify the rate, we will post the modified rate with a 30 days advance notice of the effective date.  If you do not accept the new modified rate, your only course of action would be to cease providing tutoring services on the site, www.studymile.com.

Please not that if a tutor payment sent by Shafsal solutions INC to a tutor in accordance with this terms of use is later invalidated or reversed for any reason (e.g. Student requests a refund), the tutor is liable to Shafsal solutions INC for the full amount of such tutor payment that Shafsal solutions INC sent to you and any fees related thereto.  In other words tutors will be responsible for reimbursing Shafsal solutions INC in the event of a refund, or other claim made by a student in this regard.

Taxes

IRS regulations regarding tax reporting requirements stipulate that Shafsal Solutions INC must collect an IRS form W-9 from individuals in the United States of America.  Since state and local tax laws differ, tutors agree that they are solely responsible for determining their own tax reporting.  Tutors will report to all government agencies all compensation received for services performed in association with this terms of use with www.studymile.com.  Shafsal solutions INC cannot and will not offer any tax advice to any tutor on studymile.com. 

No Endorsement

Shafsal solutions do not and will not endorse any User, and it is the user�s responsibility to determine and confirm the identity and suitability of the users interacting with as a result of your use, of the site and services.  Shafsal solutions do not and will not act as your agent or the agent of any user.  Shafsal solutions will not be held responsible for any damage or harm resulting from your interactions, or those of anyone else, with tutors or students.  By using the site or services, you, and any third party that may use the site 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 Shafsal solutions INC with respect to such actions or omissions.

Conduct, Fraud, and Consequences of Fraud

You may only access the App and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the App or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the App or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the Tutors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to a Tutor or Student that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension of your account and legal action. Similarly, you agree that you will not solicit any such information from any Tutor or Student(offering private tutoring service by stealing students), and agree that if any Tutor or Student ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us in writing. 

Tutors caught stealing tutors will be subject to penalty (termination of account, and legal action).

Personal use and not educational use such as personal video calls to family members is not authorized.  Shafsal Solutions reserves the right to terminate the user�s account for this misuse.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You agree that if you defraud or access the App (or Tutors or Students) through any method that is in any way improper, attempt to do so, or allow anyone else to do so, you will immediately pay us $100 per hour, plus all costs we incur related to detecting and investigating your improper action(s), for each hour (or part thereof) that you (a) obtain improperly, (b) use, or (c) allow anyone else to use.

You agree that our cost of investigation will always be a minimum of $250 and will include inside and outside attorney and paralegal time and related fees, as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe, such as the costs related to requesting subpoenas from courts and then serving those subpoenas on you as well as serving them on phone companies, schools, and other persons or organizations that we feel may be able to assist with our investigation.

Examples of improper access include, but are not limited to, using any means to circumvent our registration or payment systems, hacking our system in any way, using the App when you have been notified that your permission to use the App has been revoked, sharing your account information or anyone else's account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party�s account, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts, cell phone numbers, or credit card numbers) to attempt to avoid paying for Services.

Disclaimer of Warranty; Limitations

THE COMPANY CONTENT, THE APP, 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 APP, THE COMPANY 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 COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY APPS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR 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, THE COMPANY CONTENT, THE APP, 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 APP, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, 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 THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE APP, THE SERVICES OR ANY PORTION THEREOF OR IN ANY TUTOR PROFILES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE APP OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Trademark Notice

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the App or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the App, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the App or in connection with the Services or Company Content, without the written permission of the applicable Trademark owner. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other website or mobile application unless approved by us in advance in writing.

Local Laws; Export Control

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use the App. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.

Modifications to the App

We may add, change or eliminate features, pricing, nomenclature and other aspects of the App and the Services and make other changes at any time and these Terms of Use will continue to apply to the App and the Services, as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or the Services (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 such modification, suspension, or discontinuance of the App or the Services.

Termination

We may terminate your use of the App at any time for any reason by providing you with notice of such termination, which shall be effective immediately upon delivery of such notice to you. We also may terminate your use of the App immediately without notice for any breach by you of these Terms of Use or any of our applicable policies, as posted on the App from time to time. You agree that upon the termination, we may delete all information related to you on the App and may bar your access to the App and use of the Services.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

These Terms of Use and any policies applicable to you posted on the App constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms of Use shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make the Terms of Use legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Feedback and Information

Any feedback you provide on the App shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.

How To Contact Us

The Site is controlled and operated by Shafsal Solutions, Inc.  Please forward any comments or questions to us as follows:

Email:   custemerservice@shafsal.com

Mail:     Shafsal Solutions, Inc.
Attn: Privacy Policy Issues
35 Night Heron

             Ali

Aliso Viejo CA 92656

 

 

 

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Account Questions

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Payment Questions

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Miscellaneous Questions

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