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This website ("Site") is brought to you ("you" or "User") by Tutor Amigos LLC ("Tutor Amigos"). Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement, collectively referred to as the "Terms of Service"). The Terms of Service may be revised from time to time through an updated posting, and therefore you should check the Terms of Service periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Service will indicate your acceptance of such revisions. This Site provides parents/teachers with the capability to use and administer quizzes and tests, and store student test information. This Site and its Services are provided to the parent/teacher and, through the parent/teacher, to their students. It is important to us that this Site provides a helpful and reliable experience to all Users. To protect our rights and yours, we have prepared this Terms of Service that apply to all visitors to this Site. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. If you have any questions concerning the Terms of Service, please contact us using the "Contact Us" form to send us an email message. BY REGISTERING FOR TUTOR AMIGOS OR BY SIMPLY USING OR DOWNLOADING INFORMATION FROM THIS SITE (IF YOU ARE A STUDENT), YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS OF SERVICE (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE GOVERNING THIS SITE (INCLUDING ANY PART OF THE PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT AND HAVE BEEN GIVEN A USER IDENTIFICATION AND PASSWORD BY THE PARENT/TEACHER TO ACCESS THIS SITE, YOU SHOULD INFORM THE PARENT/TEACHER OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND PASSWORD TO THE PARENT/TEACHER. BY REGISTERING FOR TUTOR AMIGOS OR BY SIMPLY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THIS TERMS OF SERVICE. Privacy. Tutor Amigos is concerned about the safety and privacy of all Users of this Site. Please read our Privacy Statement, which is an important part of this Terms of Service. User License. Users are granted, subject to this Terms of Service, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of Tutor Amigos's copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by Tutor Amigos to do so. If you are a parent/teacher, you agree to: Tutor Amigos does not guarantee the accuracy or completeness of any information or content on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefullness of such content. Access. Access to some sections of this Site is restricted to those Users holding current, valid user identifications and passwords. The parent/teacher controls, manages and administers the grant of such user identifications and passwords. The parent/teacher warrants that any such user identifications and passwords shall be kept in a safe and secure place and will be distributed only to students of such parent/teacher. Tutor Amigos (or in the case of an individual student, the parent/teacher) may terminate access to any User at any time for any reason without notice. User identifications and passwords are personal and may not be shared or transferred by any User. User identifications and passwords must be kept confidential. It is important that you log off at the end of each session. The parent/teacher has contracted with Tutor Amigos to bring you this Site. Accordingly, if you are a student, your ability to access the Site (including the expiration date of your user identification and password) is strictly controlled by the parent/teacher. Unlawful Use. As a condition of your use of this Site, you warrant to Tutor Amigos LLC that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Service. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site. Service Terms. In order to use this Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices. Termination. Tutor Amigos reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site or the Services, or any part thereof, with or without notice. You agree that Tutor Amigos will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site or Services, or any part thereof. Further, Tutor Amigos and the parent/teacher reserves the right to terminate your user identification and password and your use of this Site or any of the Services for any reason, including your failure to pay fees within 60 days of its due date, or if Tutor Amigos believes that you have violated or acted inconsistently with this Terms of Service, including, without limitation, the Privacy Statement. You agree that any termination of your access to this Site or any Services under any provision of this Terms of Service may be effected with or without prior notice, and acknowledge and agree that Tutor Amigos may immediately deactivate or delete your user identification and password and all related information and files under your user identification and password and/or bar any further access to this Site or any Services. Further, you agree that Tutor Amigos will not be liable to you or any third party for any termination of your access to this Site or any of the Services. Security. You are responsible for maintaining the confidentiality of your user identification and password, and are fully responsible for all activities that occur under your user identification and password. A student's user identification and password should only be disclosed to the student and the student's parents/guardians. You agree to (a) immediately notify this Site of any unauthorized use of your user identification or password, or another User's user identification or password, or any other breach of security, and (b) ensure that you exit from use of this Site under your user identification and password at the end of each session. Tutor Amigos cannot and will not be liable for any loss or damage arising from your failure to comply with this Terms of Service. Links to Other Sites. This Site may provide links to other websites or resources, including those designated by the parent/teacher. Because we do not control such websites and resources, you acknowledge and agree that Tutor Amigos is not responsible or liable for the content, products or performance of such external websites and resources, and you hereby irrevocably waive any claim against Tutor Amigos with respect to such websites and resources. Tutor Amigos reserves the right to terminate any link at any time without notice. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Tutor Amigos of that website or resource, or any products or services provided therein. We recommend that you review any Terms of Service and privacy policy of a linked website before providing any information to that website or using its products and services. Copyright and Trademark Notices. The entire content of this Site and any supporting software are the proprietary property of Tutor Amigos and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of Tutor Amigos and/or its licensors is strictly prohibited. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Tutor Amigos. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND THIS SITE IS AT YOUR OWN RISK. THE SERVICES AND THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TUTOR AMIGOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) TUTOR AMIGOS MAKES NO WARRANTY THAT (i) THIS SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THIS SITE WILL MEET YOUR EXPECTATIONS, (v) ANY POSTING WILL BE RELIABLE, ACCURATE OR CORRECTLY FORMULATED, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICES OR THIS SITE WILL BE CORRECTED. (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, OR ANY MATERIAL INPUTTED, THROUGH THE USE OF THE SERVICES AND THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; TUTOR AMIGOS SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICES AND THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES AND THIS SITE. Limitation of Liability. IN NO EVENT SHALL TUTOR AMIGOS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES OR THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THIS SITE. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU. Indemnification. You agree to indemnify and hold Tutor Amigos and its parent, subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services or this Site, your connection to the Services or this Site, your violation of this Terms of Service, or your violation of any rights of another User. Submissions. Tutor Amigos always welcomes suggestions and comments regarding this Site from Users. Any comments or suggestions submitted to this Site or Tutor Amigos, either online or offline, will become Tutor Amigos's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Tutor Amigos might seem to others to be similar to their own submissions or comments. Violations. Please report any violations of the Terms of Service to us using the "Contact Us" form to send us an email message. Tutor Amigos LLC (Revised - July, 2007)
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