The Sites is provided to users (including, without limitation, parents and students) seeking tutoring services, and to tutors and affiliated companies seeking to provide such services.
The term “you” or “user” shall refer to students, parents, tutors, or other party, as applicable, who accesses, views, uses or submits any content to the Sites. The term “we” or “us” or “our” shall refer to Sylvan In-Home.
The Sites offers a marketplace to connect parents or students seeking to find tutoring services with tutors looking to provide the same. Some of the tutors who use the Sites are licensed to provide Sylvan and SylvanSync™ programs and services; all such licensed tutors are distinguished on the Sites with a specific badge which denotes them as “Certified in the Sylvan Method.” These certified tutors have received training in the Sylvan products and access to Sylvan’s operational guidelines. All tutors control the methods and materials used in their tutoring sessions.
Students and parents are responsible for selecting the right tutor for their needs. In making hiring decisions, they should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other parents and students.
ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
We make no representations or warranties about the availability and functionality of the Sites, the services offered by the Sites, or the messaging and communication features of the Sites.
You must provide all equipment, software, and provider accounts necessary to connect to the Sites, including, but not limited to, a mobile device that is suitable to connect with and use the Sites, in cases where the Sites offers a mobile component. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Sites. As an example and not a limitation, you may also be required to have an account with the applications provider for your mobile device in order to access the Sites. Sylvan In-Home has no liability to you for your ability or inability to access the Sites.
COMPLIANCE WITH SCHOOL POLICIES
You represent and warrant that you will only use the Sites for purposes which do not and would not violate any the code of conduct or other such policy at any school, especially as such policy relates to academic integrity, cheating, plagiarism, etc.
YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Sites, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving tutoring services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Sites (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Sylvan In-Home, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Sites or the services or submit content to the Sites if you are under the age of 13.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Sites. You agree not to upload, post or otherwise transmit content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Sylvan In-Home or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Sylvan In-Home reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Sites in a manner that is appropriate and compliant with laws. Sylvan In-Home reserves the right to suspend or terminate any user’s access if such user acts in any way that Sylvan In-Home determines, in its sole discretion, to be offensive or inappropriate. Conduct that is inappropriate and/or offensive includes, without limitation, the following:
You may report any inappropriate behavior on the Sites by emailing email@example.com.
By using the Sites, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Sites: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. You acknowledge that you must immediately cease any and all use of the Sites if and at such time as you do not meet any of these Eligibility Conditions. You shall bear all responsibility for complying with such Eligibility Conditions and Sylvan In-Home expressly disclaims any liability resulting from any user’s use of the Sites in violation of this provision.
By using the Sites, you understand and agree that Sylvan In-Home may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Sylvan In-Home may revise the Eligibility Conditions from time to time and require new conditions and certifications and that user will abide by such revised Eligibility Conditions or discontinue using the Sites.
You hereby authorize Sylvan In-Home to verify the above representations and warranties by you and you acknowledge and agree that Sylvan In-Home shall have the right, but not the obligation, to verify such representations and warranties. You acknowledge that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use, or disclosure in order to accomplish such verification. You further agree that Sylvan In-Home may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Sites, should it determine that you have violated any representation or warranty.
Notwithstanding the foregoing, you understand and acknowledge that Sylvan In-Home does not necessarily conduct background checks of any parent or student. You also understand and agree Sylvan In-Home neither confirms nor denies the validity of information provided by any user or by any third party, and that Sylvan In-Home does not represent or warrant that it has verified that any or all users have met any or all of the Eligibility Conditions. You must make your own assessments about with whom you should engage through the Sites.
Sylvan In-Home expressly disclaims, and you expressly release Sylvan In-Home from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user’s Eligibility Conditions, and/or (b) misstatements or misrepresentations made by any user.
Sylvan In-Home may utilize third-party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications, though we do not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness, or completeness of any information in the consumer reports. Sylvan In-Home does not independently verify information in the consumer reports.
You hereby consent to the collection, use, and disclosure of any of the information contained in the consumer reports by Sylvan In-Home. You understand and agree that Sylvan In-Home may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a user or to investigate a complaint about a user. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness, or completeness of such information. Sylvan In-Home reserves the right to suspend and/or terminate any user based upon information in the consumer reports or for any other reason in Sylvan In-Home’s sole discretion.
You may obtain direct access via the Sites to certain confidential information of Sylvan In-Home and its affiliates, including, without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You shall maintain the strictest confidence in all such Confidential Information and not disclose any aspect thereof unless Sylvan In-Home otherwise consents in writing. Sylvan In-Home and its affiliates own all right, title, and interest in the Confidential Information.
Confidential Information does not include any materials which: (a) you possessed prior to your access to or use of the Sites; (b) is or becomes generally known to the public without disclosure by you or otherwise without violation of these Terms; (c) you obtained from a third party who was not bound by any obligation not to disclose; (d) were independently developed by you without the use of any Confidential Information and without assistance from other parties who may have used such Confidential Information; or (e) in response to a valid court order, provided that you gave Sylvan In-Home adequate notice of such court order prior to any disclosure thereunder in order to afford Sylvan In-Home sufficient opportunity to object to such disclosure in advance thereof.
MATERIALS SUBMITTED TO THE SITE
You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, discriminatory, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.
You acknowledge and agree that you shall be responsible to pay any cost associated with your receipt or delivery of services offered through the Sites. These costs may include, without limitation: (a) session fees owed to tutors (payable by students or parents); (b) facilitation fees owed to Sylvan In-Home (payable by tutors); (c) cancelation fees owed to tutors, as described in an individual tutor’s profile on the Sites; and (d) any service fees, if applicable.
When you schedule a session, you will be asked to provide information for the credit card that you prefer to be charged in connection with the session. A hold will be placed on this credit card 48 hours in advance of your scheduled session, but no charge will be applied until the session is complete and you have approved the charge. Just in case your session runs over its scheduled time slot, the hold placed will be for twice the amount of the session fee, but you will only be charged for the amount of time actually used.
After the session is complete, you will get an email that includes a summary of the session, including the actual session length (rounded to the nearest 15 minutes) and a payment approval request. Once you approve, charges will be applied to your credit card. If you have a dispute for any reason, you will not be charged until the dispute is resolved. If you do not click approve or communicate a dispute within 24 hours, we will assume that you have approved, and a session payment will be charged automatically to your selected credit card.
ADVERTISEMENTS AND PROMOTIONS
Sylvan In-Home may run advertisements and promotions from third parties on the Sites. Your correspondence with, or participation in promotions of, advertisers other than Sylvan In-Home found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and such advertiser. Sylvan In-Home is not responsible or liable for any loss or damage of any sort incurred as the result of any interaction with third-party advertisers on the Sites.
TEXT MESSAGE NOTIFICATIONS
Users may opt in to receive notifications via email and in-mobile-application push notifications concerning new messages, scheduled session reminders, job opportunities, and more. Once a tutor and student have connected, they may choose to communicate via text message for certain purposes. Please note that standard data and messaging rates may apply to any such notifications and text message communications. Please contact your mobile phone carrier for details. Tutors and students must continue to use the Sites to schedule additional sessions; scheduling sessions outside of the Sites is a violation of these Terms and may lead to suspension or termination of the user.
For more information, email firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, videos downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Sylvan In-Home, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access. Any other use of content on the Sites, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, is expressly prohibited. You are expressly prohibited from employing any bots, macros, or other automation in connection with the Sites. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. Sylvan In-Home reserves the right to remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Sylvan In-Home, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Sylvan In-Home’s sole discretion. Sylvan In-Home neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Sylvan In-Home.
TRADEMARKS AND COPYRIGHT
Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of Sylvan In-Home, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Sylvan In-Home reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.
TERMINATION AND SUSPENSION
Sylvan In-Home reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Sites after termination or during suspension. Termination of your access or use will not waive or affect any other right or relief to which Sylvan In-Home may be entitled at law or in equity.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SYLVAN IN-HOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER[S] THAT MAKE[S] THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYLVAN IN-HOME OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SYLVAN IN-HOME DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE SITE OFFERS A MARKETPLACE TO CONNECT PARENTS OR STUDENTS IN NEED OF TUTORING SERVICES WITH TUTORS SEEKING TO PROVIDE THE SAME.
YOU UNDERSTAND AND AGREE THAT SYLVAN IN-HOME HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT SYLVAN IN-HOME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT SYLVAN IN-HOME IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, SYLVAN IN-HOME EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES SYLVAN IN-HOME FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. SYLVAN IN-HOME WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. SYLVAN IN-HOME IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, SYLVAN IN-HOME IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF SYLVAN IN-HOME HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR 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 SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SYLVAN IN-HOME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO SYLVAN IN-HOME OR ITS AFFILIATE OR PARTNER OR A TUTOR, IF ANY; OR (B) $500 (WHICHEVER IS LESS).
YOU AND SYLVAN IN-HOME AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, NEGOTIATED BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND SYLVAN IN-HOME AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
ASSUMPTION OF RISK
You agree and understand that you assume all risks when using the Sites, including, without limitation, any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when interacting with other users.
You agree that any material breach of these Terms will result in irreparable harm to Sylvan In-Home for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Sylvan In-Home will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Sylvan In-Home seeks such an injunction.
JURISDICTION AND APPLICABLE LAW
ENTIRE AGREEMENT AND ADMISSIBILITY
CONTROL AND SEVERABILITY
If any part of the Sites or any provision contained within another policy located on the Sites contradicts the provisions herein contained, these Terms shall control. If we fail to exercise any of our rights under these Terms, such failure shall not constitute a waiver of such right and shall not create any expectation of non-enforcement. If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree to modify such provision to the full extent permissible by law and in accordance with the spirit of the provision as initially drafted. Under such circumstances, all other provisions of these Terms shall remain in place.
By email at: legal@InHome.SylvanLearning.com
By postal mail at:
Sylvan In-Home, LLC
4 North Park Drive, Suite 500
Hunt Valley, MD 21030