Terms

1. Introduction

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Supplemental terms may apply to certain Services, such as session packages or payment via Stripe, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Bloomington Tutors may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy.

2. Your Use of the Services

Tutoring Requests.

In order to use our tutoring Services, you must submit a Tutoring Request. You must be at least 16 years of age to submit a Tutoring Request. Submitting a Tutoring Request requires you to submit to Bloomington Tutors certain personal information, such as your name, email address, phone number, and course enrollment information. If you choose to pay online, you will need to submit at least one valid payment method (either a credit card or accepted payment partner) as well. You agree to provide accurate, complete, and up-to-date information with your Tutoring Request, and notify us if any of this information changes. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or our termination of this Agreement with you.

Customer Requirements and Conduct.

The Service is not available for use by persons under the age of 16. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Tutor or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Tutoring Sessions.

A Tutoring Session consists of a one-hour meeting with an assigned Tutor. You may schedule sessions that are longer or shorter than one hour, for which you will be charged a pro rata amount based on your current hourly rate. You will arrange each meeting time, location, and duration with your Tutor at least 24 hours in advance of the starting time. If you need to cancel or reschedule a session, you agree to provide at least 24 hours advanced notice. Failure to provide at least 24 hours advanced notice, or failure to appear for a scheduled session at the agreed upon time and location, will constitute a "missed session", for which we may charge you the full amount according to your hourly rate and the scheduled duration. You understand that by arriving to a scheduled session late, you risk forfeiting the entire session and associated charges at the discretion of your Tutor. Bloomington Tutors will not refund missed portions of any session due to your failure to appear on time, or due to extenuating circumstances such as emergencies that necessitate the interruption or termination of the session.

Session Packages.

Session packages allow you to purchase multiple Tutoring Sessions at a reduced rate by paying in advance. Sessions packages are meant to reward students who are committed to succeeding by offering them a significant discount over our regular hourly rate. As such, we do not offer partial refunds on session packages, except in the following extenuating circumstances:

By purchasing a session package, you may "lock in" the corresponding hourly rate for any future sessions in the same semester, without purchasing another package. For example, if you purchase a 10-session package for $400, you may purchase additional sessions at a rate of $40 per hour in the semester in which you purchased the package. Sessions purchased as part of a package shall not be redeemable for more than five (5) years after the date of purchase, unless explicitly permitted by Bloomington Tutors.

Promotional Codes.

Bloomington Tutors may, in our sole discretion, create promotional codes that may be redeemed for discounts or other features or benefits related to the Services, subject to any additional terms that Bloomington Tutors establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bloomington Tutors; (iii) may be disabled by Bloomington Tutors at any time for any reason without liability to Bloomington Tutors; (iv) may only be used pursuant to the specific terms that Bloomington Tutors establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Bloomington Tutors reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bloomington Tutors determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

Bloomington Tutors may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bloomington Tutors through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Bloomington Tutors, you grant Bloomington Tutors a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bloomington Tutors's business and on third-party sites and services), subject to our Privacy Policy, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bloomington Tutors the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bloomington Tutors in its sole discretion, whether or not such material may be protected by law. Bloomington Tutors may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

3. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Tutor ("Charges"). After you have received services or goods obtained through your use of the Service, Bloomington Tutors will facilitate your payment of the applicable Charges on behalf of the Tutor, as such Tutor's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Tutor. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Bloomington Tutors. You retain the right to request lower Charges from a Tutor for services or goods received by you from such Tutor at the time you receive such services or goods. Bloomington Tutors will respond accordingly to any request from a Tutor to modify the Charges for a particular service or good.

All Charges are due upon completion of your first session, and payment will be facilitated by Bloomington Tutors using the preferred payment method designated in your Tutoring Request. If your provided payment method is determined to be expired, invalid or otherwise not able to be charged, you agree to provide an alternative payment method to either your Tutor or Bloomington Tutors as their limited payment collection agent.

As between you and Bloomington Tutors, Bloomington Tutors reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in our sole discretion. Further, you acknowledge and agree that Charges for new customers may increase substantially during times of high demand. Bloomington Tutors will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred with your Tutor regardless of your awareness of such Charges or the amounts thereof. Bloomington Tutors may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate the Tutor for the services or goods provided. Bloomington Tutors does not designate any portion of your payment as a tip or gratuity to the Tutor. Any representation by Bloomington Tutors to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Bloomington Tutors provides any additional amounts, beyond those described above, to the Tutor. You understand and agree that, while you are free to provide additional payment as a gratuity to any Tutor who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Tutor.

4. Your Use of the Website ("Site Terms of Use")

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on our web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on our web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bloomington Tutors at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Privacy

Your privacy is very important to us. Accordingly, we have developed our Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information.

Disclaimer

The materials on our web site are provided "as is". Bloomington Tutors makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bloomington Tutors does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Bloomington Tutors or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our Internet site, even if Bloomington Tutors or a Bloomington Tutors authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on our web site could include technical, typographical, or photographic errors. Bloomington Tutors does not warrant that any of the materials on its web site are accurate, complete, or current. Bloomington Tutors may make changes to the materials contained on its web site at any time without notice. Bloomington Tutors does not, however, make any commitment to update the materials.

Links

Bloomington Tutors has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bloomington Tutors of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Bloomington Tutors may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to our web site shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.