By submitting the form on the website, you acknowledge that you permit eTutorIn to contact me at the number and/or email address I have provided above with automated technology in relation to this inquiry, even if you are on a Do Not Call list, via phone, e-mail, or text message. I understand that making a purchase is not consenting to receiving communications from etutorin.com.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER SECTION, BELOW.
eTutorIn MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.
eTutorIn operates an online service through its website with a homepage at https://www.eTutorIn.com/, its subdomains and/or other websites (the “,Website”), and the eTutorIn mobile software application and such other mobile or desktop applications designated by eTutorIn for use with the service from time to time (the “App”), including all features, content, tools, applications, graphics, information, and other tools and services included on the Website or App, and including certain virtual classes that may be made available by eTutorIn via third party vendors (such as Zoom or such other video conferencing platforms or services as eTutorIn may elect to use from time to time) (collectively, the “Service”), which Service provides individual users (“Students”) and Employee Users (as defined below) the ability to connect with professional e-learning teachers (“Teachers”) to obtain both group and personalized e-learning instruction and training (“Trainings”). The scope of your access to the Service and any associated Trainings may be determined or otherwise limited by the terms of any applicable membership plan selected and purchased by you electronically through the Website or App (a “Membership Plan”) or, if you are an Employee User, by the Membership Plan purchased by the applicable Enterprise Purchaser (as defined below). We may modify, terminate, or replace, in whole or in part, the Service or any aspect thereof (including any classes offered through the Service) or any Membership Plan from time to time in our sole discretion and without prior notice. You should carefully review the scope and limitations of any Membership Plan prior to purchase. Certain services such as workshops or one off sessions are available for purchase outside of a Membership Plan
“You” as used herein means the natural person or entity that has agreed to be bound by this Agreement, including, without limitation and as may be dictated by context, (i) Students, (ii) Teachers, and (iii) enterprises that purchase or otherwise register for access to the Service (an “Enterprise Purchaser”) on behalf of or for the benefit of that enterprise’s employees or representatives (each, an “Employee User”).
If you are a Teacher hereunder, you acknowledge that you have also entered into a separate Consultancy Services Agreement or similar agreement with eTutorIn governing your engagement by eTutorIn as a e-learning instructor (the “Teacher Agreement”). In addition to all applicable terms and conditions of this Agreement, you shall continue to be bound by and shall comply with all terms and conditions of your Teacher Agreement. In the event of a conflict between the terms of these Terms and the terms of your Teacher Agreement, the terms of your Teacher Agreement shall govern, but only to the extent of the conflict.
Please also note that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or the App. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms in the event of any conflict.
IN ADDITION, WE MAY NEED TO UPDATE THE APP FROM TIME TO TIME. BY DOWNLOADING THE APP, YOU AGREE THAT WE CAN NOTIFY YOU AND SEND SUCH UPDATES TO YOUR MOBILE DEVICE.
Subject to your compliance with these Terms, eTutorIn hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license, solely for your personal, non-commercial use, to: (i) download and use the App only on an approved Apple or Android device owned by you (“Device”) as permitted by the applicable App Store Terms (as defined below) and in accordance with these Terms; (ii) access the Service through the App or Website on your Device or personal computer; and (iii) if you are a Student or Enterprise Purchaser, download and use, solely in connection with your (or if you are an Enterprise Purchaser, your Employee Users’) participation in an applicable Training and personal e-learning practice, one copy of any written instructional materials (“Instructional Materials”) provided through the Service. All other use or disclosure of the Instructional Materials, whether by you are any other person, is strictly prohibited without the prior written consent of eTutorIn.
eTutorIn may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if eTutorIn determines you have violated any term or condition of these Terms (or, if you are a Teacher, any term or condition of your Teacher Agreement) or, if you are a Student or an Enterprise Purchaser, if you fail to pay any amount payable by you hereunder when due. We may modify, terminate, or replace the App, the Website, and/or the Service from time to time in our sole discretion and without prior notice.
The Service permits you to communicate with others, to participate in Session Recordings and to submit feedback, information, data, video, text, messages, or other content or materials in connection with the Service (collectively, "User Submissions"). As between you and eTutorIn, you are solely responsible for the accuracy, integrity, legality, reliability, and appropriateness of all of your User Submissions (and if you are an Enterprise Purchaser, the User Submissions of your Employee Users). Without limiting the generality of the foregoing, you shall not (and if you are an Enterprise Purchaser, you shall ensure that your Employee Users do not) upload, input, or post any User Submissions that (i) infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party, (ii) are false, inaccurate, or misleading, (iii) violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) are defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, sexually explicit, pornographic, obscene, or invasive of another's privacy, (v) incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own), (vi) contain any viruses, worms, spyware, adware, or other potentially damaging programs or files, (vii) contain any information that you consider confidential, proprietary, or personal, or (viii) contain or constitute any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You further represent and warrant that you (and if you are an Enterprise Purchaser, your Employee Users) have not been and will not be compensated or otherwise granted consideration by any third party for any User Submissions submitted by you (or if you are an Enterprise Purchaser, by any Employee User).
The Service may contain content provided by other eTutorIn users, including other Teachers, Students, Enterprise Purchasers, and/or Employee Users (“Participant Content”). eTutorIn is not responsible for and does not control Participant Content, including, without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use (and, if you are an Enterprise Purchaser, the use by your Employee Users) of Participant Content and your (and if you are an Enterprise Purchaser, your Employee Users’) interaction with other users through the App, the Website, and/or the Service is at your own risk. YOU UNDERSTAND AND ACKNOWLEDGE THAT eTutorIn DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES eTutorIn ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. eTutorIn MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, THE CONDUCT OF ANY STUDENTS, ENTERPRISE PURCHASERS, OR EMPLOYEE USERS, OR FOR ANY PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT eTutorIn WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION (OR, IF YOU ARE AN ENTERPRISE PURCHASER, THE INTERACTION OF ANY EMPLOYEE USER) WITH OTHER USERS OF THE SERVICE.
The Service includes certain features that enable you to message Teachers and other Students or Enterprise Purchasers, including in real time (collectively, “User Messaging”). Any opinions, recommendations, offers, advice, or other information disseminated through User Messaging are those of the respective Teacher, Student, or Enterprise Purchaser (or its Employee Users), and eTutorIn shall have no responsibility or liability with respect to the same. All User Messaging is subject to the requirements and restrictions set forth above with respect to User Submissions (see, Your Submissions, above). If you believe that another user has violated these Terms, including, without limitation, with respect to User Messaging or Participant Content, please promptly report the violation to eTutorIn using the contact information set forth below (see, Contact Us).
Your access to the Service pursuant to a Membership Plan may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If you receive a Trial, you (and if you are an Enterprise Purchaser, your Employee Users) may only use those portions of the Service (and participate in those number and types of Trainings) included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing the Service. Upon the expiration of any Trial, your ability (or if you are an Enterprise Purchaser, the ability of your Employee Users) to schedule and participate in Trainings will cease, except where you have purchased and/or registered for a Membership Plan in accordance with the terms hereof.
As consideration for eTutorIn’s provision of the Service hereunder, if you are a Student or Enterprise Purchaser, you shall pay to eTutorIn all membership and other fees applicable to your (or, if you are an Enterprise Purchaser, your Employee Users’) access to and use of the Service (including, without limitation, your booking or participation in any Training) as set forth herein. Except where you access the Service as part of a Trial, you must have a current valid credit card or other payment method acceptable to eTutorIn (“Payment Method”) in order to access or make purchases through the Service. By providing a Payment Method to eTutorIn, you expressly authorize eTutorIn to charge to you those membership and other fees (including sales and other taxes) applicable to your Membership Plan or other use of the Service at the applicable frequency and at the then-current rate. Membership and other fees applicable to your use of the Service shall be as posted at https://www.etutorin.com/pricing as of the payment due date. All fees are inclusive of applicable taxes charged on providing the Service. eTutorIn will bill all applicable membership fees and other amounts in advance and to the Payment Method you provide during registration (or to a different Payment Method if you change your Payment Method information in your Account or provide us with a different Payment Method in connection with a purchase). ALL FEES HEREUNDER ARE FULLY EARNED UPON PAYMENT AND, EXCEPT AS SPECIFICALLY SET FORTH IN THE CANCELATIONS SECTION BELOW, ARE NON-REFUNDABLE. Please note that our fees (including any membership fees) are subject to change at any time and in our sole discretion, provided that any change in fees will not affect Sessions that have already been paid for and booked.
If you purchase a Membership Plan, your Membership Plan will automatically renew for additional membership terms of the same length upon expiration of your initial membership term unless and until you cancel your Membership Plan or we terminate it. YOU MUST CANCEL YOUR MEMBERSHIP PLAN BEFORE IT RENEWS FOR A RENEWAL MEMBERSHIP PERIOD IN ORDER TO AVOID BILLING OF MEMBERSHIP FEES FOR THE RENEWAL MEMBERSHIP PERIOD TO YOUR PAYMENT METHOD. If you purchase a Membership Plan, your Membership Plan will automatically renew for additional membership terms of the same length upon expiration of your initial membership term unless and until you cancel your Membership Plan or we terminate it. YOU MUST CANCEL YOUR MEMBERSHIP PLAN BEFORE IT RENEWS FOR A RENEWAL MEMBERSHIP PERIOD IN ORDER TO AVOID BILLING OF MEMBERSHIP FEES FOR THE RENEWAL MEMBERSHIP PERIOD TO YOUR PAYMENT METHOD.
If you are a Student or Enterprise Purchaser, booked Sessions can be cancelled by you free of charge more than 12 hours in advance of the Session start time. If you fail to cancel a Session at least 12 hours prior to the Session start time, you will be billed the full amount for such Session. For more information on our Session cancelation policy, You may also cancel your Membership Plan at any time by calling us at (800) 608-6620 or by emailing eTutorIn at firstname.lastname@example.org and including the phrase “CANCEL MY ACCOUNT” in the subject line; provided, however, that any such cancellation shall not become effective until the expiration of your then-current membership term. If you cancel your Membership Plan, you will continue to have access to the Service (including those Trainings for which you have paid or are otherwise entitled to access through your Membership Plan) in accordance with the terms of your applicable Membership Plan for the remainder of the then-current membership term. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, eTutorIn DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO THE SERVICE OR ANY MEMBERSHIP PLAN, INCLUDING FOR ANY INDIVIDUAL TRAININGS.Notwithstanding the foregoing, you may choose to pause your Membership Plan without penalty through the App or by emailing eTutorIn at email@example.com and including the phrase “PAUSE MY ACCOUNT” in the subject line. If you pause your Membership Plan, your Membership Plan will be extended by the number of days the pause was in effect. You may pause your Membership Plan up to 3 times within a 12-month period; provided, however, that the cumulative days that your Membership Plan is paused may not exceed 60 days per 12-month periodFor more information on pausing, canceling, or making changes to your Membership Plan.
By using the Service, you consent to receiving electronic communications from us at the email address you provide in your Account. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Through your use of the Service, including, without limitation, your participation in Trainings, you may be provided or receive access to the personal information of other users of the Service, including Teachers and Students (“User Information”). You agree that you shall only access or use User Information exclusively for the purpose for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any User Information to a third party for any purpose not directly related to and necessary for your use of the Service. Additionally, you may not use User Information for marketing purposes, including via electronic or other means, unless you obtain the consent of the specific user to do so.