Terms of Service
1. Uses Permitted.
ITUTORTODAY.COM is an online tutoring and coaching service. This Web site is provided solely for the use of current and future customers of The Neighborhood Learning Place, Inc. to provide you with information about our company, to permit you to place orders for our coaching services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
2. Site Contents And Ownership
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of The Neighborhood Learning Place, Inc.. and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Materials. Except as provided in this Agreement, The Neighborhood Learning Place, Inc. does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
3. User's Obligation to Abide By Applicable Law.
In connection with the use of ITUTORTODAY.COM, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on ITUTORTODAY.COM may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of Intellectual Property Laws may give rise to civil and/or criminal penalties.
4. Subscription Terms.
Portions of ITUTORTODAY.COM programs and content, including the Coaching and Online Tutoring Services may be offered as monthly subscription services. Subscribers to the ITUTORTODAY.COM web based programs, products, and services pay a monthly subscription fee. The monthly subscription fee is be based on the product or service and is established from time to time on the ITUTORTODAY.COM Web site. From time to time, ITUTORTODAY.COM may offer subscribers and users the right to subscribe to a program, product or service for a period of longer than one month, often at a discounted rate (The "Periodic Rate"). Each user agrees to pay to ITUTORTODAY.COM a monthly subscription fee or an agreed upon Periodic Rate, in advance, via Pay Pal, credit card or other method from time to time established by ITUTORTODAY.COM, for each month's or other periodic use of the product, service or program selected and/or access to the ITUTORTODAY.COM Web site. Each user authorizes ITUTORTODAY.COM to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee or the Periodic Rate agreed upon by them. Except as otherwise expressly provided on the ITUTORTODAY.COM Web site, monthly subscription fees and Periodic Rates are not refundable for any reason. Any early termination of a subscription may be subject to cancellation fees.
5. Third Party Tools
ITUTORTODAY.COM may offer products, programs and services developed and provided by third party providers, including certain web based software applications and content, downloadable software, text message, cellular, and telephony products others types of products and services (The "Third Party Tools"). The Third Party Tools may be offered as part of a "bundle" of products and services which include access to the ITUTORTODAY.COM Web Sites, or as stand alone products or services. While the Third Party Tools may feature brand or trade names associated with ITUTORTODAY.COM and its brand and tradenames and ITUTORTODAY.COM may provide certain customer support services for them, they are not products or services developed by ITUTORTODAY.COM. The Third Party Tools offered by ITUTORTODAY.COM may at any time change or be revised and any specific Third Party Tools may cease to be offered or supported by ITUTORTODAY.COM at any time, without notice. ITUTORTODAY.COM may also from time to time provide access to new or different Third Party Tools. The availability, functionality, usability of utility of any of the Third Party Tools are not warranted, represented or in any way assured by ITUTORTODAY.COM. ITUTORTODAY.COM makes no representations or warranties regarding the Third Party Tools and disclaims all liability for their use, implementation or availability.
6. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of ITUTURTODAY.COM may, in the course of their regular duties, have access to communications for technical or operational purposes. ITUTURTODAY.COM may also disclose any communications to the extent permitted or required by law.
7. Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through ITUTORTODAY.COM any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). ITUTURTODAY.COM has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on ITUTORTODAY.COM is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
8. Content of Information.
You are responsible for the content of any Information you put on ITUTORTODAY.COM .ITUTURTODAY.COM has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on ITUTORTODAY.COM. ITUTURTODAY.COM reserves the right to review any Information that is or becomes available on ITUTORTODAY.COM. ITUTURTODAY.COM reserves the right to refuse to post or to remove any Information that is, in ITUTURTODAY.COM's sole discretion, unacceptable, undesirable or in violation of these rules. However, ITUTURTODAY.COM has no obligation to exercise such reservation of rights by ITUTURTODAY.COM.
9. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER THE NEIGHBORHOOD LEARNING PLACE, INC., ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY, "PROVIDERS"), OR THE LIKE, WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENTNESS OF THE MATERIALS.
THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. FURTHER, THE NEIGHBORHOOD LEARNING PLACE, INC. DOES NOT WARRANT RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. THE NEIGHBORHOOD LEARNING PLACE, INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE NEIGHBORHOOD LEARNING PLACE, INC. MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. THE NEIGHBORHOOD LEARNING PLACE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, THE NEIGHBORHOOD LEARNING PLACE, NC. MAKES NO GUARANTEES AS TO THE RESULTS OR ACHIEVEMENTS OF THE PERSONS USING ITS ONLINE TUTORING AND COACHING SERVICES.
THE NEIGHBORHOOD LEARNING PLACE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
ALL TUTORING AND COACHING TOOLS, THIRD-PARTY EDUCATIONAL SOFTWARE PROGRAMS, MATERIALS AND OTHER PROPERTY ARE PROVIDED "AS IS." THE NEIGHBORHOOD LEARNING PLACE, INC. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, ACCURACY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH PROPERTY.
WITHOUT LIMITING THE FOREGOING, THE NEIGHBORHOOD LEARNING PLACE, INC. MAKES NO GUARANTEES WITH RESPECT TO, AND SHALL NOT BE LIABLE FOR, OUTAGES OR OTHER INABILITY TO ACCESS THE ITUTORTODAY.COM WEB SITE, END-USER CONNECTION SPEED OR CONNECTIVITY PROBLEMS REGARDLESS OF THE CAUSE. THE NEIGHBORHOOD LEARNING PLACE, INC. DOES NOT WARRANT THAT THE ITUTORTODAY.COM WEB SITE FOR WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS AND DISRUPTIONS OF NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND THE CONTROL OF THE NEIGHBORHOOD LEARNING PLACE, INC. .
THE NEIGHBORHOOD LEARNING PLACE, INC. CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE ITUTORTODAY.COM WEB SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS NOT A SECURE NETWORK AND THAT THIRD PARTIES MAY BE ABLE TO INTERCEPT, ACCESS, USE OR CORRUPT THE INFORMATION THE USER TRANSMITS OVER THE INTERNET. THE NEIGHBORHOOD LEARNING PLACE, INC. IS NOT RESPONSIBLE FOR INVALID DESTINATIONS, TRANSMISSION ERRORS, OR CORRUPTION, INTERCEPTION OR SECURITY OF ANY DATA.
10. Limitations on Damages.
YOU AGREE THAT THE NEIGHBORHOOD LEARNING PLACE, INC. AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE NEIGHBORHOOD LEARNING PLACE, INC. OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE NEIGHBORHOOD LEARNING PLACE, INC. OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Release and Indemnity.
You agree to indemnify, defend, and hold harmless The Neighborhood Learning Place, Inc., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
13. Limitations On Claim
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
14. Term And Termination
Without limiting its other remedies, The Neighborhood Learning Place, Inc. may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
15. Hyperlink Disclaimers
As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by The Neighborhood Learning Place, Inc. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by The Neighborhood Learning Place, Inc. by The Neighborhood Learning Place, Inc. does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by The Neighborhood Learning Place, Inc. Links do not imply that The Neighborhood Learning Place, Inc. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of The Neighborhood Learning Place, Inc. or any of its affiliates or subsidiaries. Except for links to information authored by The Neighborhood Learning Place, Inc The Neighborhood Learning Place, Inc. is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. The Neighborhood Learning Place, Inc. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
16. Controlling Law, Jurisdiction And International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. The Neighborhood Learning Place, Inc. makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Macomb County, Michigan for any disputes The Neighborhood Learning Place, Inc. arising out of your use of this site.
17 Entire Agreement
This Agreement constitutes the entire agreement between The Neighborhood Learning Place, Inc. and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Neighborhood Learning Place, Inc. with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
18 Modifications To Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Neighborhood Learning Place, Inc. does not and will not assume any obligation to notify you of changes to this Agreement.
19. Electronic Communications And Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from THE NEIGHBORHOOD LEARNING PLACE, INC. solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.