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.
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.
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.
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.
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.
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.
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 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.
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
Governing Law; Dispute Resolution
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:
Mail: Shafsal Solutions, Inc.
35 Night Heron
Aliso Viejo CA 92656
Aliso Viejo CA 92656
Aliso Viejo CA 92656