HomeTerms & Conditions

Terms & Conditions

  1. Acceptance of the Terms of Use

    These terms of use and services are entered into by and between You and Kinder Tutors, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of http://kindertutors.com, including any content, functionality and services offered on or through http://kindertutors.com, and any mobile apps, applications and other interactive features or services that post a link to these Terms of Use (collectively, the "Website") and , whether as a guest or a registered user.

    Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://kindertutors.com/privacy-policy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or KT Services.

    Use of the Company's on-site services may be subject to different or additional terms. We encourage you to read our Safety Guide [www.kindertutors.com/safetypolicy] before using our services.

    For the purposes of this agreement, "you" means a parent or guardian who pays for access to the Website and KT Services as well as the student who accesses or uses the Website and KT Services. If you are a parent, guardian, or other person who enables a child to access the Website or KT Services, you agree to stand in lieu 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.

    If someone else is paying for (or authorizing) your tutoring or other services account, you agree to print this document and hand it to him or her.

    IF YOU ARE A RESIDENT OF NEW JERSEY, PLEASE SEE THE SECTION 22 BELOW.

  2. Tutoring and Other Services

    The Company makes online tutoring, academic consulting and other services available through the Website (“KT Services”). The following provisions under this Section 3 relate specifically and only to KT Services. If there is any conflict between this KT Services section and these Terms of Use, this Section 3 controls within respect to the KT Services.

    1. Service Provider-Related Disclaimers. You understand and agree that the Company acts only as an interface to facilitate communications between users and Company's tutors or other contractors (collectively, "Service Providers") and to collect payment from users on behalf of Service Providers. THE KT SERVICES COMPRISE AN ONLINE PLATFORM THAT FACILITATES THE CONNECTION BETWEEN USERS AND SERVICE PROVIDERS FEATURED ON OR VIA THE WEBSITE. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT YOUR AGENT OR A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND SERVICE PROVIDERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF THE COMPANY. THE COMPANY HAS NO CONTROL OVER THE SERVICES OR CONDUCT OF USERS, SERVICE PROVIDERS AND OTHER USERS OF THE WEBSITE.

      As part of the Services, we require all Service Providers to pass a third-party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of Service Provider's claimed educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service.

      THE COMPANY DOES NOT ENDORSE ANY SERVICE PROVIDER OR CONFIRM A SERVICE PROVIDER'S COMPETENCY NOR THEIR PROFICIENCY IN THE SUBJECT MATTERS WHERE THEY OFFER THEIR SERVICES. THE COMPANY CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY SERVICE PROVIDERS FOR USERS, OR THE ACTIONS OF ANY SERVICE PROVIDER, USER OR OTHER USER OF THE WEBSITE AND KT SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OF SERVICE PROVIDERS, USERS, THIRD PARTIES AND OTHER USERS OF THE WEBSITE OR KT SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTY AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY SERVICE PROVIDERS ARE DONE AT THE USER'S RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

      If you ever believe that another Website user or Service Provider has violated law or is defrauding, threatening or endangering anyone, the Company urges you to immediately contact the proper authorities directly for help.

    2. User Hardware Obligations. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Website and KT Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

    3. Company Right to Record. You agree that we may record all or any part of any of our online tutoring, classroom or academic consulting Sessions (including voice chat communications). We reserve the right to use the recorded Sessions for any purpose allowed by our Privacy Policy . You agree that we own all transcripts and recordings of tutoring, classroom and academic consulting Sessions and all comments that you may provide to us on or through the Website or services.

    4. User Prohibited Actions. You agree that you will treat the Service Providers with respect and not use obscenities in the online classroom, make threats or discuss personal matters or matters other than those related to the subject or matter for which you seek help.

    5. Availability. Our Website and KT Services are subject to the self-determined availability of individual tutors. Services may be unavailable on religious and legal holidays, such as New Year's Day, Independence Day, Thanksgiving Day, Rosh Hashana, Yom Kippur, and the Jewish Sabbath as well as any other holiday that we may announce on our Website. As an online service, our online services may periodically be unavailable as we perform regular maintenance and upgrades on Fridays from 6 :00 a.m. to 9 :00 a.m.

    6. Service Provider Documents . Your use of the Website or KT Services may involve the exchange of files, lesson materials and other documents between you and a Service Provider. The Company is not responsible or liable for the content of such documents, and such documents may be viewed by other Website users, or by the public generally. You acknowledge sole responsibility for and assume the risk arising from your downloading any such documents and posting such documents. The Company is not responsible for the use or exchange of any information, documents or files between Service Providers and users. Further, the Company does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Service Providers or users.

  3. Changes to the Terms of Use

    We may revise and update these Terms of Use (including the Privacy Policy incorporated herein) from time to time in our sole discretion by posting an amended version on this webpage and notifying you by an announcement banner on our homepage. All changes are effective 30 days after we post such announcement (the " Proposed Amendment Date") and apply to all access to and use of the Website and KT Services thereafter and your continued use of the Website and KT Services following the Proposed Amendment will confirm your consent thereto, unless you first give us written notice of the rejection of the revisions or updates. In the event of such rejection, these Terms of Use will continue under their original provisions, and the revisions or rejections will become effective at the start of your next renewal your Plan following the Proposed Amendment Date (unless you first cancel the KT Services under these Terms of Use). These Terms of Use may not be amended in any other way except through a written agreement by authorized representatives of each party.

  4. Accessing the Website and Account Security

    Subject to Section 4, we reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

    We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for:

    Making all arrangements necessary for you to have access to the Website and KT Services.

    Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information (" User Information"). It is a condition of your use of the Website that all the User Information you provide on the Website is correct, current and complete. Kinder Tutors, LLC does not solicit personal information directly from children. Any information sent to us is given by parents or guardians and serves the purposes we outline below. Children under the age of 18 must be registered by a parent or legal guardian who must provide the identifying information to us.

    You agree that all User Information you provide to register with this Website or KT Services, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each Session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    You may not transfer your account (including your username or password) to another person and you may not use anyone else's account 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.

    We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  5. Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  6. Intellectual Property Rights

    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, "Company Content"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company Content, except as follows:

    Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing such Company Content.

    You may store files that are automatically cached by your Web browser for display enhancement purposes.

    You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

    If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

    If we provide social media features with certain content, you may take such actions as are enabled by such features.

    You must not:

    Modify copies of any Company Content.

    Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

    Delete or alter any copyright, trademark or other proprietary rights notices from copies of Company Content.

    You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  7. Trademarks

    The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  8. Prohibited Uses

    You may use the Website and KT Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or KT Services:

    In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

    To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

    To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

    To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or KT Services or expose them to liability.

    Additionally, you agree not to:

    Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

    Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

    Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

    Use any device, software or routine that interferes with the proper working of the Website.

    Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

    Otherwise attempt to interfere with the proper working of the Website or the KT Services.

  9. User Submitted Materials and Contributions

    Any User Information and any other information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, testimonials or other content or materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works from and distribute such material (in whole or part). We are not responsible for maintaining any Submitted Material that you provide to us and we may delete or destroy any such Submitted Material at any time.

    The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, " User Contributions") on or through the Website.

    All User Contributions must comply with the Content Standards set out in these Terms of Use.

    Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

    You represent and warrant that:

    You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

    All of your User Contributions do and will comply with these Terms of Use.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  10. Monitoring and Enforcement; Termination

    We have the right to:

    Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

    Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

    Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or KT Services.

    Terminate or suspend your access to all or part of the Website or KT Services for any or no reason, including without limitation, any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  11. Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

    Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

    Be likely to deceive any person.

    Promote any illegal activity, or advocate, promote or assist any unlawful act.

    Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

    Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

    Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    In the event that any User Contribution does not comply with these Content Standards, then Kinder Tutors, LLC reserves the right to take down, delete or revise such User Contribution.

  12. Reliance on Information Posted

    The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If you choose to access any third-party content, you do so at your own risk.

  13. Online Purchases and Other Terms and Conditions

    1. Fees - You agree to pay all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. Note that fees may vary as between or among KT Services and Service Providers. Fees are typically charged at an hourly rate (or a fraction thereof).

    2. Billing; Payment –A valid credit card must be on file for all Company customers. If you prefer to pay for your booking with cash or a check, you may do so in person before the relevant KT Services Session(s). If your payment method is declined and you receive the products and/or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products and/or services, we will cancel your order. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a physical card. We may receive updated information about your payment method from the issuing financial institution. In the event we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees. Our billing policy is tailored to the KT Service provided:

      1. Tutoring. For each in-person session ("In-Person Session") or online session ("Virtual Session", and together with In-Person Session, the "Sessions" and each, a " Session"), customers may pay for in-person KT Services Sessions either:

      1. Per Session. The Company will charge your card immediately after such Session is completed.

      2. By prepaying for multiple Sessions with the same Service Provider. Prepaid Sessions do not expire. However, if such Service Provider's status as independent contractor expires or terminates before such prepaid Sessions are completed, then the customer can credit prepaid amounts towards purchases of KT Services provided by a different Service Provider (" Replacement KT Services"). If the Replacement KT Services fees are greater than the fees for the originally purchased Sessions, then the customer must make up the difference in accordance with these Terms of Use. If the Replacement KT Services fees are less than the fees for the originally purchased Sessions, then the Company will credit the balance towards any other KT Services.

    1. Academic Consulting. All academic consulting services must be pre-paid.

    2. Cancellation; Limited Right to Refund. Fees for KT Services are non-refundable. Notwithstanding the foregoing, the Company will fully refund all amounts paid (less any applicable service charges) for any prepaid single KT Service Session, or, if you have prepaid multiple Sessions and not utilized any of such Sessions, provided that you request a cancellation or refund within 30 days of purchase (ending at 11:59 p.m. on the 30th day).

      1. For no-show and late cancellations (on the same day as the Session) of In-Person Sessions, you will be charged 80% of the fee the you would have paid for such completed Session. For the first no-show or late cancellation of academic consulting services Session only, the Company will attempt to reschedule the Session, however, the pre-paid fees will not be refunded.

    3. For academic consulting services, a single attempt to reschedule will be made on first no show or late cancellation (within 24 hours). Thereafter, no refunds will be provided.

    4. For cancellation of any Session by a Service Provider, you and the Service Provider must make good faith efforts to agree to reschedule the Session. If, within 60 days of the cancellation you and the Service Provider cannot agree to reschedule, then Company will fully refund the fees related to such Session.

    5. If you need to cancel a Session, it is your responsibility to cancel as soon as possible. At times, certain circumstances outside of your control can impact your ability to attend your Session. In this case, if the Company determines, in its sole discretion, that your cancellation resulted from one or more circumstances outside of your reasonable control, then it may override the Company's cancellation and refund policy.

  14. Linking to the Website and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    Link from your own or certain third-party websites to certain content on this Website.

    Send e-mails or other communications with certain content, or links to certain content, on this Website.

    Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    Establish a link from any website that is not owned by you.

    Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

    Link to any part of the Website other than the homepage.

    Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

  15. Geographic Restrictions

    The owner of the Website is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  16. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  17. Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY KT SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  18. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your misuse of the Website or KT Services, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or KT Services.

  19. Governing Law and Jurisdiction

    All matters relating to the Website, the KT Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or the KT Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in the County of Passaic although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  20. Arbitration

    YOU AND KINDER TUTORS, LLC AGREE (A) TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THIS WEBSITE OR YOUR PURCHASE OF PRODUCTS OR KT SERVICES (COLLECTIVELY, A "DISPUTE") AND (B) THAT EITHER PARTY MAY ELECT TO SETTLE ANY DISPUTE THROUGH LITIGATION OR INDIVIDUAL, BINDING ARBTIRATION (THIS INCLUDES THE RIGHT TO ELECT TO ARBITRATE ANY DISPUTE THAT MAY HAVE BEEN FILED IN COURT AT ANY TIME BEFORE TRAIL HAS BEGUN OR FINAL JUDGMENT HAS BEEN ENTERED ON THE DISPUTE).

    IF ARBITRATION IS CHOSEN BY EITHER PARTY, THEN NETIHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT OR HAVE A JURY TRIAL ON THAT DISPUTE. EACH PARTY ACKNOWLEDGES THAT RIGHTS THAT IT WOULD HAVE IF IT WENT TO COURT MAY BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 24. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    If arbitration is elected under this Section 24, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

    If you prevail on any Dispute that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    You agree to an arbitration or litigation on an individual basis. In any dispute, NEITHER YOU NOR KINDER TUTORS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The judicial or arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    If any provision of this Section 24 is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.

  21. Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE KT SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  22. Waiver and Severability

    No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  23. Entire Agreement

    The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and Kinder Tutors, LLC with respect to the Website and the KT Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the KT Services.

  24. Your Comments and Concerns

    This Website is operated by Kinder Tutors, LLC.

    All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@kindertutors.com.