TERMS AND CONDITIONS: Your purchase, enrollment in and use of products, services and events ("Programs") offered by Tutoring Service of New York, LLC ("Tutoring Service of New York"), including your access to tutoringserviceny.com, app site(the “Site(s)”) and Tutoring Service of New York mobile apps (the “App(s)”), are subject to these terms and conditions (“Terms”). If You purchase or enroll in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use any Program you purchase (collectively, “You”). You agree to be bound by the Terms, which is an agreement between Tutoring Service of New York and You.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Tutoring Service of New York and participate in Programs only with consent of a parent or guardian.
Program Fees: You agree to make full payment for Programs in the amount(s) listed in your invoice, the Order Confirmation email You will receive, or as communicated by phone by representatives during registration. Standard shipping and handling charges apply. Rates may be higher if you enroll within seven days of your intended Program start date or if we are shipping outside the United States. You must complete payment prior to commencing the Program.
Guarantee: Tutoring Service of New York does not guarantee acceptance to any school or residency program, passage of any exam or any other such outcome.
Privacy Policy: Our privacy policy may be found here.
Refunds: Refunds are not available once a Program has ended. Refund policies vary by Program. Upon requesting a refund, you will receive your payment in full, less the cost of all previously completed lessons in the package, charged at the hourly rate determined at the time of registration.
Intellectual Property: All Programs, including Sites and Apps, are owned by Tutoring Service of New York and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Tutoring Service of New York. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Tutoring Service of New York’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Tutoring Service of New York and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or datamine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Tutoring Service of New York, Tutoring Service of New York’s licensors and Third Party Sellers and may not be used without Tutoring Service of New York’s prior, written permission. Third Party Products are owned by such Third Parties and their respective licensors.
Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, Tutoring Service of New York grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your Tutoring Service of New York online account.
Third Party Sellers: Some of the products advertised on the Site(s) are sold by third parties. Tutoring Service of New York is not liable or responsible for products and services purchased from Third Party Sellers (“Third Party Products”) or for the acts or omissions of Third Party Sellers. Third Party Sellers are solely responsible for information on the Site(s) about their Third Party Products (“Third Party Product Listings”) and Tutoring Service of New York makes no representation about Third Party Listings or Third Party Products. Tutoring Service of New York does not endorse or vouch for Third Party Sellers or Third Party Products. If you visit a Third Party Seller’s website or purchase or use Third Party Products you do so at your own risk. Tutoring Service of New York’s Privacy Policy applies only to information collected by Tutoring Service of New York.
Links: You may be able to link from the Site to third party websites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, licence to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Passwords: When You set up a Tutoring Service of New York account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Tutoring Service of New York has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS: If You provide Tutoring Service of New York with a telephone number, such as when You purchase, enroll in or use a Tutoring Service of New York Program, You agree that Tutoring Service of New York may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Tutoring Service of New York.
Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Class Schedule and Location Changes: Class schedules and locations of Programs are subject to change and/or cancellation. Tutoring Service of New York will notify You of any changes or cancellations. If an alternative Tutoring Service of New York Program does not meet your needs, Tutoring Service of New York will provide a full refund.
Program Changes: Tutoring Service of New York frequently updates, revised and modified Programs, including Program Content, features and services (“Program Changes”). Tutoring Service of New York reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.
Tutoring Policies: If You purchase a tutoring Program, You and your tutor(s) will plan a schedule that is mutually convenient. If you have purchased in-person tutoring and a local Tutoring Service of New York tutor is unavailable in your area or a mutually convenient schedule cannot be reached, Tutoring Service of New York will provide a refund of unused tutoring hours. If You need to cancel or postpone a lesson, You must directly notify your tutor at least 24 hours in advance. Failure to do so will result in a deduction of the hours from your tutoring package or payment of a $100 rescheduling fee, at Tutoring Service of New York’s discretion. For in-home tutoring, students under the age of eighteen must have a parent, guardian, or other responsible adult present at all times.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Tutoring Service of New York is not responsible.
Student Code of Conduct: Tutoring Service of New York may remove from Programs students whom Tutoring Service of New York deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have acted in a manner that shows lack of dignity and respect for faculty and/or students, violated any intellectual property rights of Tutoring Service of New York or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds.
International Students: If You study in the U.S. on an international student visa You are responsible for complying with all of the terms of that visa, including timely departure from the U.S.
Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND TUTORING SERVICE OF NEW YORK DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL TUTORING SERVICE OF NEW YORK BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF TUTORING SERVICE OF NEW YORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TUTORING SERVICE OF NEW YORK’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Arbitration and Class/Collective Action Waiver
Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in the largest U.S. city within 100 miles of your permanent residence. If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
To the maximum extent permitted by law, should You wish to initiate a legal action against Tutoring Service of New York in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Tutoring Service of New York or a related entity is a party. The same applies to Tutoring Service of New York's legal actions against You. Thus, You and Tutoring Service of New York agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Tutoring Service of New York agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.
Export: Software related to or made available by the Program may be subject to United States export controls. Thus, no software from the Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Consent and Release
During your Program, Tutoring Service of New York may contact You for feedback related to your Program, You may be photographed or your class recorded (collectively referred to as "Student Experience Materials"). You agree that Tutoring Service of New York may use the Student Experience Materials for internal purposes.
Programs or other activities may occur in hotels, schools and other facilities not controlled by Tutoring Service of New York ("Third Party Facilities"). You waive any claim against Tutoring Service of New York arising from your (or your child's) use of Third Party Facilities, including claims related to the safety and security of third party facilities.
Miscellaneous:
These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Tutoring Service of New York 200 Broadway, 3rd Floor, New York, NY 10038
By email: info@tutoringserviceny.com
Rev. October 2019