Welcome to www.AcingCollege.com. You should carefully read the following Terms of Service Agreement (“Agreement”) before using the AcingCollege.com website (“Site”) and tutoring brokering services (“Services”). By using our Services or indicating your agreement in the introductory screen, you are agreeing to become bound by these Terms of our Service. This is a legally binding agreement. If you do not agree with these Terms, you should not use the AcingCollege.com website and you should request termination of any account you may have with AcingCollege.com.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
1. AcingCollege.com Services. We agree to provide you access to the AcingCollege.com website and Services in accordance with these Terms of Service. The Services are provided for personal use and may not be resold. You must obtain access to our Services through your own Internet connection account with another company. AcingCollege matches students to tutors, who in turn provide tutoring services to students who need answers to their academic problems. AcingCollege will math you with a tutor willing to solve your case, AcingCollege reserves the right to choose the tutor that will work on your case. AcingCollege has designed two different services for students, problem solving and online tutoring.
a. Problem Solving. Problem solving is used to help the client overcome any difficulty faced in completing assignments, exercises, tasks or projects. Once the client has paid for the service, the tutor will send a file with a step-by-step explanation of how to solve the problem.
b. Online Tutoring. Online tutoring provides direct, real-time guidance and is usually chosen when the client needs extensive help with a particular topic, which may require ongoing interaction in order to clarify all the client’s doubts and queries. This is done by instant message programs or phone (with the client paying for the call). In order to take full advantage of the session, the client should sends all relevant questions, problems and topics beforehand so that the tutor can prepare for the session.
2. Payments. As a student, you create a “case” within the Site, and thereafter tutors respond with cost proposals. Upon clicking, “Accept,” on a cost proposal, you agree to pay AcingCollege the amount reflected in the cost proposal for either problem solving or online tutoring. There are no refunds, except pursuant to the sole discretion of AcingCollege.
3. Your Responsibilities as a Student, and Warranties to AcingCollege.
a) You are responsible for the use of your account by anyone using your account. You are responsible for insuring that any user of your account fully complies with the Terms and Conditions of this Service.
b) If you are a minor, your parent or legal guardian must give you authorization to subscribe and use our Services. By agreeing to these terms and using the Service you hereby represent and warrant that you are at least eighteen years old, or that you have authorization by your parent or legal guardian.
c) You may choose to remain anonymous to tutors on the Site and throughout the tutoring relationship. If you choose to reveal your identity to a tutor, this shall be your decision; however, you understand that even if you desire to remain anonymous, tutors may obtain some identifying information about you if you initiate communication through telephone, email or other method outside of the AcingCollege website.
d) You agree to pre-pay for all tutoring services, and you understand that you do not have a right to any tutoring services through the Site unless and until you pre-pay for such services.
e) You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the AcingCollege Services.
f) You are responsible for any communications, messages and other information that you receive as a result of your use of the AcingCollege Services and bear the entire responsibility for any losses that you may experience as a result of your use of the AcingCollege Services.
g) You understand that neither AcingCollege nor any tutor on the Site can provide you with any guarantee of your academic success as a result of the tutoring services on the Site.
h) You agree to inform AcingCollege of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D., or password. Until AcingCollege is notified, by electronic or conventional mail of a breach of security, you will remain liable for any unauthorized use of your AcingCollege account.
i) You agree to use AcingCollege Services in a manner consistent with any and all applicable laws and regulations. You also agree not to use the Service to violate any rule or regulation at any educational institution in which you are enrolled.
j) You acknowledge that under no circumstances will you upload any viruses, ActiveX or Java installers, pornography or Internet Explorer Exploits onto the Site.
k) If you violate the restrictions in these Terms and Conditions of Service, you agree to indemnify AcingCollege for any losses, costs, or damages, including reasonable attorneys fees incurred by AcingCollege and relating to, or arising out of such a breach. You, not AcingCollege, are responsible for your behavior and the behavior of those who use your AcingCollege account.
l) By creating a new case you agree to grant AcingCollege an exclusive, perpetual, irrevocable, world-wide license to use your questions, and the answers provided by our tutors, in any way whatsoever, without compensation to you. Without limiting the generality of the foregoing, AcingCollege may reproduce the questions and the answers in any media and incorporate it in other works, study guides or other publications without notice to you. Students are deemed to have waived their moral rights, if any, in the questions sent to us and the answers that they receive from our tutors.
m) YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SOLE SCREENING OF TUTORS CONDUCTED BY ACINGCOLLEGE IS TO ASCERTAIN THAT THE TUTOR HAS INDEED ATTENDED THE SCHOOL HE OR SHE HAS REPRESENTED. OTHER THAN THIS LIMITED INQUIRY, ACINGCOLLEGE DOES NOT CONDUCT ANY SCREENNING AT ALL OF TUTORS. YOU UNDERSTAND THAT ACINGCOLLEGE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE RELATIONSHIP BETWEEN YOU AND THE TUTORS. STUDENTS SHOULD ALWAYS BE CAUTIOUS ABOUT COMMUNICATING WITH TUTORS ONLINE, WHERE SUCH COMMUNICATION MIGHT BE USED TO HARM, HARASS OR OTHERWISE BE USED AGAINST THEM.
4. Responsibilities of AcingCollege Regarding Tutors. AcingCollege is responsible solely for providing a means to connect tutors and students. The tutors are independent contractors and in no way are considered to be employees, agents or officers of AcingCollege. Accordingly, AcingCollege is neither responsible for the conduct of the tutors nor does AcingCollege make any guarantees regarding the quality or work of the tutors. Specifically, AcingCollege shall not be responsible for and hereby disclaims any and all warranties regarding the following:
a) the quality of tutoring provided by the tutors;
b) incidents of error or mistakes in the solutions and/or advice of the tutors;
c) failure of tutors to render case solutions subsequent to payment, deliver work as requested or in a timely manner, or abide by student deadlines;
d) tutors’ abilities to use the English language and/or communicate with students; and
e) tutors’ refusal to provide service where the tutor deems the student’s request unethical or otherwise unfit.
5. Approval, Term and Termination. Your access to and use of the AcingCollege Services may be terminated at any time, for any reason or for no reason, by you or by AcingCollege by the sending of notice to the other party. Termination by you will be effective on the day that AcingCollege receives a notice or on a future date if the notice so specifies.
6. Copyright and License. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
7. Trademarks. “AcingCollege” and “AcingCollege.com” are either trademarks or registered trademarks of AcingCollege. Other product and company names mentioned on the Site may be trademarks of their respective owners.
8. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement, your use of the Site, or the relationship between you and any tutor to whom you come into communication through the Site.
9. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
10. Disclaimer and Limits. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “IS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR LIABILTY RELATED TO THE COMMUNICATIONS BETWEEN YOU AND TUTORS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR ACINGCOLLEGE SERVICES OVER THE COURSE OF YOUR USE OF THE SITE.
11. Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
14. Payments. You represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
15. Links to Other Web Sites. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. Information and Press Releases. The Site contains or may contain in the future information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Lakeway, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9 and Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Lakeway, Texas. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.