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Terms of Use

Forward Tutoring Terms of Use

Overview

The Forward Tutoring Web Site (Site) and the Services provided by Forward Tutoring (Services) are maintained and operated by Forward Tutoring, a nonprofit organization ("we" or "us"). By accessing the Site or Services, the user, and/or parent, adult, or guardian permitting the use of Forward Tutoring ("you"), agrees to be bound by the following Terms of Use (Terms). If the user is a minor, he/she will present these binding terms to his/her parent or guardian. If you do not agree to these Terms, you should not use the Forward Tutoring website.

Changes to Terms of Use

Forward Tutoring, under its own discretion, reserves the right to change these Terms. Upon posting, all changes are effective and govern your continued use of the Site. The most current version, which you agree to periodically review, replaces all previous versions of these Terms and can be found by clicking on the "Terms of Use" link at the bottom of the Forward Tutoring Site.

Privacy

All data submitted through the Site is subject to the Privacy Policy . Forward Tutoring is dedicated to maintaining the privacy of its users; please read the Privacy Policy to understand our practices. By agreeing to the Terms of Agreement, you also agree to the Privacy Policy.

Services

Forward Tutoring offers free, one-on-one tutoring online to students who submit Volunteer Hours in exchange for equivalently valued credits ("Tutoring Credits") applicable towards tutoring on the Site, www.forwardtutoring.org/. The credit value of the volunteer hours is determined by Forward Tutoring and can be easily found on the Site; users will be notified of any changes to current volunteer hour policies. The Services Forward Tutoring provides enable users who seek tutoring ("Students") to connect with volunteers, neither employees nor independent contractors, ("Tutors") who provide tutoring in a Tutoring Session hosted by Forward Tutoring. Forward Tutoring also provides a database for Students and Tutors to find volunteer opportunities ("Volunteer Events") hosted by organizations ("Volunteer Organizations"), not limited to nonprofits, at which the Students and Tutors may volunteer for additional Volunteer Hours. Note: Students and Tutors are not required to participate at the Volunteer Events Forward Tutoring displays; however, the Students and Tutors are encouraged to participate in order to acquire additional Tutoring Credits. Tutoring Credits may also be accumulated by participating in events hosted by school-sponsored organizations, religiously-affiliated organizations, or any other organization promoting a charitable cause at which a student is not compensated. Students must submit a request to receive the Tutoring Credits after volunteering at a Volunteer Event to receive the credit(s). Forward Tutoring may offer scholarships and internships to Tutors who provide exceptional Tutoring Sessions. The terms of the Incentive Program are described in the Incentive Program Outline. Tutors are required to pass a verification system ("Verification") maintained and organized by Forward Tutoring. A Tutor may only instruct subjects in which the Tutor has qualified to teach. The Verification, which may change from time to time, includes passing a written examination of the particular subject the Tutor is attempting to qualify to teach and participating in a mock tutoring session to demonstrate the Tutor’s ability to teach. The purpose of the Verification is to ensure Students receive tutoring from a qualified, professional Tutor. Forward Tutoring takes steps to publicize proper conduct of Tutors; however, Forward Tutoring is not responsible for the actions of Tutors. Should a Tutor engage in inappropriate or offensive behavior, please exit the Tutoring Session immediately and report the Tutor in the Evaluation page. You are more than welcome to personally contact Forward Tutoring through other means to guarantee your complaint was received. Forward Tutoring makes every effort to encourage education in a sustainable, innovative fashion. Students and Tutors may find Volunteer Events, published by Volunteer Organizations, by accessing the Volunteer Database, an additional service of Forward Tutoring. Students and Tutors are responsible for requesting the Tutoring Credit after completing the volunteering commitment. Forward Tutoring will also record data to track the progress of a particular Student or Tutor. Forward Tutoring will record evaluations of Tutors by Students, Tutoring Session data (including but not limited to duration, instruction, and chat history), and general feedback from all participating entities—Students, Tutors, and Volunteer Organizations. Students and Tutors are solely responsible for maintaining a professional and focused Tutoring Session. In the event that either a Student or Tutor deviates from acceptable tutoring subjects, the negligent party is subject to being banned from Forward Tutoring and its related websites in addition to blocking the IP address of the responsible party. Forward Tutoring does not tolerate the use of Forward Tutoring and its services for purposes other than educational tutoring and seeking volunteer opportunities; thus, any party breaching the purposes of Forward Tutoring is subject to legal action.

RESPONSIBILITY FOR DEALINGS WITH THIRD PARTIES

If you are using the services to find Volunteer Opportunities, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the services ("Volunteer Organization"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the volunteer organization you choose to deal with. You agree that Forward Tutoring will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, or as the result of the presence of such parties on the services and you hereby irrevocably waive any claims against Forward Tutoring arising from or related to your relationship with a volunteer organization. If you are using the services to find volunteers to fill volunteer opportunities, your correspondence or ensuing relationship with the volunteers found on or through the services, including posting volunteer opportunities, and any other terms or conditions associates with such dealings, are solely between you and the volunteer. You agree that Forward Tutoring will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as the result of any such dealings, or as the result of the presence of such parties on the services and you hereby irrevocably waive any claims against Forward Tutoring arising from or related to your relationship with a volunteer. You hereby release us, our directors, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Forward Tutoring users, or (ii) your participation in any offline events or activities arising from or related to your use of the services. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the services.

Registration

To use Forward Tutoring and its Services, you will need to register on the Site to obtain an account—either a Student, Tutor, or Organization account—and password. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s).You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information including "User Data"). You also agree to maintain and promptly update your information to keep it true, accurate, current and complete. You agree not to use the Site, the Services or the Company Content to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission. The information you submit to Forward Tutoring may be used to enhance any Services or content Forward Tutoring can provide to optimize the use of the Site. You must notify Forward Tutoring in the event of unauthorized use of your personal Forward Tutoring Account. The information you submit will be used in accordance with the Privacy Policy.

Conduct

You may only access and use the Site and Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the Site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the Students and Tutors with respect and not use obscenities in the Tutoring Session, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not solicit any personal information from any Student or Tutor, and agree that if any Student or Tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.

Limitations

You must be 18 years of age or older to access the Services Forward Tutoring provides. While individuals under the age of 18 may use the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Forward Tutoring Site is for your personal and non-commercial use and we grant you a limited license to access the Forward Tutoring Site for that purpose. Forward Tutoring does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.

Availability

Forward Tutoring provides a tutoring service available 24 hours a day, 7 days a week, with minimal exceptions. Forward Tutoring cannot control the availability of a Tutor; consequently, Forward Tutoring is not responsible for the unavailability of any Tutor. From time to time, Forward Tutoring may provide updates to its Site or Services, which may cause the Site and Services to be temporarily unavailable.

Technology

Forward Tutoring uses proprietary, licensed third-party technologies, and free technology products. Forward Tutoring cannot guarantee full uptime on the Site due to its reliance on other software. However, Forward Tutoring will make every attempt to maintain a Site and Service that is available whenever possible.

Copyright

All content included on the Forward Tutoring Site and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Forward Tutoring, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Forward Tutoring, and protected by the respective copyright laws. Content shall not be reproduced or used without express written permission from Forward Tutoring. You agree not to insert any code or product or manipulate the content of the Forward Tutoring Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Forward Tutoring reserves the right to terminate your membership if Forward Tutoring, in its sole and absolute discretion, believes that you are in violation of the Terms, such violations including the copying of content provided to you by us or the copying or other unauthorized use of our proprietary content. The use of the Forward Tutoring service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Forward Tutoring Web Site.

Claims of Copyright Infringement

It is the policy of Forward Tutoring to respect the intellectual property rights of others. Forward Tutoring does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Forward Tutoring Site, or know of someone who is making unauthorized use of the content of the Forward Tutoring Site, please notify us of your concern by submitting a written notice to us at the address listed at the end of the Terms.

Trademark/Servicemark Notice

The Forward Tutoring logo and Forward Tutoring.com are trademarks or servicemarks of Forward Tutoring. The Forward Tutoring Site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Forward Tutoring. The trademarks, service marks, and trade dress of Forward Tutoring may not be used or reproduced without prior written approval from Forward Tutoring and may not be used in connection with any product or service that is not affiliated with Forward Tutoring—in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Forward Tutoring, or in any manner that disparages or discredits Forward Tutoring. Other trademarks that appear on the Forward Tutoring Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Forward Tutoring. Any images of persons or personalities contained on the Forward Tutoring Web Site are not an indication or endorsement of Forward Tutoring or any particular product or our service unless otherwise indicated.

Web Site Content

Forward Tutoring distributes subject content, and other animations and we reserve the right to display and promote the content or other information on our Web Site to you in any manner we choose in our sole and absolute discretion. In addition, the Forward Tutoring Site allows you and other third parties to post comments, provide feedback concerning the Services offered and Tutor performance. Under no circumstances shall Forward Tutoring or its directors, officers or employees be held liable for any loss or damage caused by your reliance on information obtained through the Forward Tutoring Site. It is your responsibility to evaluate the verity of information, opinion, advice, or other content available through the Forward Tutoring Site.

Use of Submitted Information

Forward Tutoring is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Forward Tutoring ("Content"), including, without limitation, responses to questionnaires or through postings to the Forward Tutoring Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Forward Tutoring. Furthermore, by posting any Content on our Site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Forward Tutoring does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Forward Tutoring. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Forward Tutoring and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. You agree that Forward Tutoring may record all or any part of Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose, including an evaluation of Tutor performance.

Content Posted By Users

You may post and share comments and content with other users through Forward Tutoring. By using our services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

  • is illegal
  • is harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
  • is obscene, pornographic, excessively violent or harmful to minors or depicts minors or others engaged in sexually explicit conduct or in a sexually explicit manner
  • is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights
  • infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
  • is prohibited under law or contractual or fiduciary relationships
  • includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
  • bears any false, disguised or misleading origin
  • contains software viruses or any other computer code, files, programs or malware designed to destroy, interrupt, interfere with or otherwise limit the functionality of any computer software, computer hardware or other equipment, or gain unauthorized access or collect data.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available through Forward Tutoring. Forward Tutoring reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed through the Website and to remove any content in its sole discretion. Nevertheless, you remain solely responsible for the content of the materials you post, cause to be displayed or performed in any areas of forward tutoring and that you transmit in any of your communications that use Forward Tutoring and the services provided thereby.

Electronic Communications

By using the Forward Tutoring service, you consent to receiving electronic communications from Forward Tutoring. These communications will include notices about your account and information concerning or related to the Services Forward Tutoring provides, such as featured content or other announcements, or offerings. These communications are part of your relationship with Forward Tutoring and you receive them as a user of Forward Tutoring. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

External Links

The Site or the Services may provide links to non-Forward Tutoring Web Sites or resources. This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites, such as study resources or online education pages, to pop-up for your review. Some of the hyperlinks and banners on the Forward Tutoring Site may lead to other Web Sites that are not controlled by, or affiliated with, Forward Tutoring. In addition, other Web Sites may link to the Forward Tutoring Web Site. Forward Tutoring has not reviewed these Web Sites and is not responsible for the content or privacy policies of these Web Sites. Because Forward Tutoring exercises no control over the external Sites, Forward Tutoring is not responsible for any action on your behalf or the external site’s behalf.

Disclaimer of Warranty; Limitations

THE SITE, THE SERVICES, AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Changes to the Service

We may add, change or eliminate features and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.

General

These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Texas applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Denton, Texas. Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Governing Law

The laws of the State of Texas will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. Also, for the purpose of litigating all such claims, you agree to submit to the personal jurisdiction, and that venue is proper in any court located the State and County of Denton, Texas.

Contact Information:

To settle any disputes of copyright infringement or to answer any legal questions pertaining to Forward Tutoring, please contact the representative, exactly as follows:
Forward Tutoring
Attn: JJ Echaniz
P.O. Box 117495
Carrollton, Tx 75011-7495
USA
jjechaniz@forwardtutoring.org

Last Revision: October 2012



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