YOUR USE OF SERVICES
These Terms of Service (“Terms”) govern your access to and use of My Private Professor (“MPP”) websites, services, and applications (collectively, the “Services”). Your access to and use of the Services is conditioned on your acceptance to and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree to be bound by the Terms. If you do not accept the terms, you should not use the Services.
By booking a session with an MPP Tutor (“Tutor” or “Tutors”), a student seeking tutoring with MPP or the parent/ guardian of said student if student is a minor (hereinafter, the “Client”) thereby agrees to receive tutoring at the Tutor’s rate posted on the website at the time of booking, unless a promotional code applies.
If a promotional code applies, the Client thereby agrees to receive tutoring at the rate and terms that govern the promotional code.
The Client agrees that payment for a tutoring session is required prior to any tutoring session with MPP.
The Client understands that an outstanding balance may affect the scheduling or confirmation of tutoring sessions.
The Client understands that there are no refunds for any tutoring services rendered, and the Client understands that, once a portion of any prepaid package is used, any unused prepaid hours are nonrefundable.
The Client understands that MPP pays its tutors directly and the Client agrees it will not make any payments to, nor discuss any payment issues with, the Tutor.
The Client understands that the Tutor is not permitted to ask the Client for any payment for tutoring services.
If the Client cancels a tutoring session between 12-24 hours before a confirmed tutoring session, the Client is eligible to receive a 50% refund for that session.
If the Client cancels a tutoring session less than 12 hours before a confirmed tutoring session, that session will be treated as a completed tutoring session, the Client will be charged accordingly, and no refund will be given.
If the Client does not show up for a confirmed tutoring session, that session will be treated as a completed tutoring session, the Client will be charged accordingly, and no refund will be given.
The Client understands that if the Client is late for the Client’s scheduled tutoring session, the Client will still be charged from the start of the scheduled time of the session and no deductions will be made for any time missed.
The Client understands that if the Client leaves a scheduled tutoring session early, that session will be treated as a completed tutoring session and no deductions will be made for any time missed.
The Client understands that all tutoring sessions will be billed for a minimum of one hour unless mutually agreed upon by the Client and the Tutor.
The Client understands that the length of a session may be mutually extended by the Tutor and the Client beyond the scheduled session time, and that the Client will be billed accordingly for any additional time by rounding up to the next 15-minute increment.
The Client understands that if the Tutor cancels a session or does not show to a session, such session will not be counted as completed and will not be invoiced.
The Client understands that if the Tutor is late for a scheduled tutoring session with the Client, the Tutor will extend the session to cover the full amount of time requested if possible.
The Client agrees that MPP does not guarantee that it will be able to provide a tutor for the Client for the subject requested at the location, day, and time that the Client is available.
The Client agrees that MPP makes no guarantee that a Tutor selected by the Client will be available to tutor a Client at the requested date & time. The Client understands that the Tutor, not MPP, is responsible for confirming a session requested by the Client prior to the session. In the event that the Tutor does not confirm a session with the Client at least 24 hours prior to the requested session, the Client is to notify MPP.
The Client agrees that neither MPP nor its Tutors make any promises or warranties with regard to Client’s performance as a result of any tutoring provided.
The Client understands that the Tutors who provide tutoring services may not be subject to a background check by MPP.
The Client agrees that it is the Client’s sole responsibility to exercise the Client’s own judgment protocols, and/or standards when considering whether to engage in tutoring services with any Tutor.
The Client understands that the Client’s relationship with Tutor was established through MPP and that the Client must go through MPP to receive any tutoring services with the Tutor.
The Client agrees to not attempt to establish a tutoring, childcare, or other relationship with the Tutor separate or apart from MPP.
The Client agrees that the Tutor shall at no time be required or obligated to execute homework or assignments on behalf of Client or otherwise engage in academic dishonesty of any kind.
The Client agrees that there must be at least one other adult over the age of 18 present for the duration of any in-person tutoring session between Tutor and Client if Client is a minor.
The Client understands that for online tutoring sessions, the Client needs access to a computer or device with a broadband wired or reliable wireless internet connection, a webcam, speakers, and a microphone.
The Client understands that the Client may need access to a free, online platform such as Zoom in order to receive online tutoring.
RELEASE FROM LIABILITY
The Client agrees that Tutors are independent contractors of MPP and solely responsible for their own actions and performance. The Client acknowledges and agrees that MPP is not responsible or liable for conduct or behavior of Tutors and other contractors.
The Client agrees to release, indemnify, defend and hold harmless MPP and its officers, clients, agents, contractors, instructors, authorized volunteers, and employees from and against any and all liabilities, claims, penalties, losses, or expenses (including attorneys’ fees), of any kind or nature whatsoever, whether related personal injury, death, communicable diseases, illnesses, viruses (including, but not limited to, COVID-19), property damage or any other form of injury or loss to the Client, caused by any negligent act or omission of MPP or its officers, clients, agents, contractors, instructors, authorized volunteers, or employees, arising out of or in any way related to participation in the activity/activities for which the Client participates.
The Client agrees and acknowledges that the activities to which this release applies can be dangerous and can expose the Client to risks of personal injury, death, communicable diseases, illnesses, viruses (including, but not limited to, COVID-19), and property damage, and in accepting services through MPP, the Client is accepting those risks for the Client.
ASSUMPTION OF RISK
The Client understands and agrees that the Client assumes all risks that may result from or in any way arise out of the Client’s tutoring services with MPP.
The Client agrees to indemnify and hold harmless MPP and its officers and agents from and against any and all claims that may result from or in any way arise out of the Client’s tutoring services with MPP.
The Client agrees that any materials, information, communications or ideas that the Client uploads, communicates or otherwise transmit or post to MPP, the site, the Tutors, or the Services 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, as well as MPP’s developing, manufacturing, and marketing current and/or future Services.
By uploading or otherwise making available any User Content, the Client automatically grants and/or warrants that the owner has granted to MPP the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose.
The Client agrees that MPP and the Tutors may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. MPP reserves the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, the Client agrees that MPP owns all transcripts of Tutoring Sessions and all comments that the Client may provide to us on or through the site, the Services any other means as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to MPP.
MEDIA CONSENT AND RELEASE
The Client authorizes MPP and its agents, employees, and officers to use photos, videos, profile information, tutoring experience, educational background, articles, and information shared with MPP and its agents, employees, and officers (the “Information”).
The Client understands that the Information may be used in publications, including the MPP website, social media platforms, electronic and print publications, electronic and print materials, presentations, promotional materials, news media, advertising, and/or other similar ways.
The Client agrees that Client’s consent is freely given to My Private Professor and its agents, employees, and officers, without expecting payment.
The Client releases MPP and its agents, employees, and officers from any and all liability which may arise from the use of the Information.
The Client understands that the Client can revoke this release at any time in writing.
The Client agrees that this Agreement will be for the benefit of MPP’s successors and assigns, and will be binding on the Client’s assignees.
The Client agrees that this Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California.
The Client agrees that if any provision of this Agreement is held by a court of law to be invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The Client agrees that no term or provision hereof will be considered waived by either party, and no breach excused, unless such waiver or consent is in writing and signed by the Client and MPP. The waiver of, or consent to, a breach of any provision of this Agreement shall not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by either party. This Agreement may be amended or modified only in writing by mutual agreement of authorized representatives of the parties.
The Client agrees that this Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. The terms of this Agreement will govern all tutoring services with the Client by MPP.
Whereas the Client is a legal minor, the Parent/ Guardian shall enter into these Terms on behalf of the Client and shall accept and agree to all the terms and conditions contained herein on behalf of the Client.
I am over 18 years of age, and I have read and I agree to the Terms.