Terms of Use - Tutor Tandem

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Tutor Tandem website (“Site”) located at www.tutortandem.com, along with any related mobile applications or other platforms, tools, or services made available by Tutor Tandem (“Tutor Tandem,” “we,” “our,” or “us”).

Please review these Terms carefully before accessing or using the Site. By accessing, browsing, or continuing to use the Site, you confirm that you have read, understood, and agree to be bound by all terms and conditions set forth in this agreement. If you do not agree to these Terms, you must not access or use the Site.


General Terms

Tutor Tandem operates an online platform that connects individuals seeking tutoring services (“Students”) with individuals offering tutoring services (“Tutors”). These Terms also apply to any individual or entity accessing the Site on behalf of another.

Throughout these Terms, the words “you,” “your,” “User,” or “Users” refer to Students, Tutors, or any person or entity that accesses, browses, views, registers with, or otherwise uses the Site, including creating, posting, uploading, transmitting, receiving, or storing content through the Site.

These Terms constitute a legally binding agreement between you and Tutor Tandem. You agree to these Terms by any of the following actions:
(a) accessing or viewing any portion of the Site;
(b) requesting or booking tutoring services through the Site;
(c) registering as a Tutor or providing tutoring services through the Site;
(d) using any features or functionality of the Site; and/or
(e) affirmatively acknowledging acceptance of these Terms.

If you do not agree to these Terms, you may not use the Site.


Conflicts, Waivers, and Severability

In the event of any conflict or inconsistency between these Terms and any other content, policies, or materials associated with the Site, these Terms shall govern and control.

Any failure by Tutor Tandem to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall it create any expectation that such right or provision will not be enforced in the future.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court, arbitrator, or governmental authority, that provision shall be modified to the minimum extent necessary to achieve its original intent, and the remaining provisions shall continue in full force and effect.


Important Notice Regarding Dispute Resolution

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. THIS MEANS THAT MOST DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT OR AS PART OF A CLASS OR COLLECTIVE ACTION.

Privacy Policy

Please review the Tutor Tandem Privacy Policy for details about how Tutor Tandem collects, uses, stores, and shares information relating to you and your use of the Site.


Student Data and Educational Institution Use

In certain cases, tutoring services offered by independent Tutors on Tutor Tandem may be purchased or arranged by educational institutions or education-related organizations, including but not limited to schools, school districts, or individual educators (collectively, “Schools”), for educational purposes.

When Tutor Tandem enters into an agreement with a School to facilitate tutoring services, Tutor Tandem may receive, collect, or otherwise have access to student-related information (“Student Data”). This information may be provided directly by the School, the student, or other authorized parties.

Tutor Tandem treats all Student Data as confidential. Except as permitted or required by law, Student Data is generally used solely for purposes related to delivering, administering, supporting, and improving tutoring services for the applicable School or on the School’s behalf.

Tutor Tandem’s handling of Student Data is governed by these Terms, our Privacy Policy, and all applicable federal, state, and local laws and regulations. This includes, where applicable, U.S. laws such as the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and relevant state student privacy laws, including student data protection statutes.

Tutors who provide services through Tutor Tandem under arrangements involving Schools are expressly subject to these Terms and any Student Data confidentiality obligations contained herein. Such Tutors are required to safeguard Student Data, maintain its confidentiality, and use it only for authorized educational purposes.

Services

The Site operates as an online marketplace that enables individuals seeking tutoring services (“Students”) to connect with independent individuals offering tutoring services (“Tutors”). Tutors are independent businesses engaged directly by Students and are solely responsible for how their services are delivered. This includes, without limitation, decisions regarding teaching methods, instructional materials, scheduling, session frequency, session length, and all other aspects of the tutoring services provided.

Tutor Tandem does not select, supervise, or control Tutors or their services. Students are solely responsible for choosing a Tutor that meets their needs. Before engaging a Tutor, Students are encouraged to review the Tutor’s self-reported qualifications, education, experience, and feedback from other users. If a Student is under eighteen (18) years of age, all tutoring sessions must be supervised by a parent, legal guardian, or other responsible adult.

Tutor Tandem operates and maintains the Site from locations within the United States. We do not represent or warrant that the Site or its services are available or accessible in every geographic location. Availability of services may vary by region. Tutor Tandem will make reasonable efforts to deliver communications sent through the Site’s internal messaging system; however, we do not guarantee that all messages will be successfully delivered or received.

Use of the Site requires access to the Internet. You are responsible for obtaining and maintaining such access and for paying any fees charged by your Internet service provider or device provider. You are also responsible for supplying any necessary hardware or software required to access the Site.

If you are under eighteen (18) years of age, you may use the Site only with the knowledge and consent of a parent or legal guardian, or as authorized by your School. Schools may impose additional rules or policies governing use of the Site, and you agree to comply with any such requirements.

If you use the Site to arrange or provide tutoring services on behalf of a School, you represent and warrant that you are an authorized representative of that School and have the authority to bind the School to these Terms. Similarly, if you contact Tutor Tandem to request changes or actions related to an account, you represent and warrant that you have the appropriate authority to make such requests on behalf of the applicable account holder, including a School or parent.

Children’s Online Privacy

The U.S. Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain verifiable parental consent before collecting personal information from children under the age of thirteen (13). If you are a School using the Site to provide tutoring services to students under 13, you represent and warrant that you have obtained all necessary consents and authorizations from parents or legal guardians permitting Tutor Tandem to collect and process such information.

Tutor Tandem encourages Schools to provide clear disclosures to parents and students regarding the use of third-party service providers and to share Tutor Tandem’s Privacy Policy with parents as appropriate.

Academic Honesty

Tutor Tandem is intended to support learning and skill development. The Site may not be used to promote, enable, or participate in cheating or any form of academic dishonesty.

You agree not to use the Site to request, provide, or assist with activities that compromise academic integrity. This includes, without limitation, completing or substantially contributing to assignments, projects, papers, or essays on another person’s behalf, or taking or assisting with quizzes, tests, or examinations for someone else.

You further agree not to use the Site in any way that would violate the academic integrity, honor codes, conduct rules, or workplace policies of any school, university, educational institution, or employer.

Tutor Tandem reserves the right to take appropriate action, including suspension or termination of access to the Site, if it determines that the Site is being used in a manner inconsistent with these academic honesty standards.

Your Obligations and Conduct

All Users must meet the following requirements and agree to the responsibilities outlined below. By using the Site, you represent and warrant that you:

  • Are legally able to enter into these Terms on your own behalf, or on behalf of a minor who will receive tutoring services;
  • Reside within the United States;
  • Provide truthful, accurate, current, and complete information during registration and when using the Site (“Registration Information”);
  • Safeguard any usernames, passwords, or credentials associated with your account;
  • Promptly update your Registration Information to keep it accurate and complete; and
  • Accept all risks associated with unauthorized access to your account or information resulting from your actions or failure to secure your credentials.

Upon completing registration, you will receive login credentials for your account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You agree to notify Tutor Tandem immediately of any unauthorized use of your account or any suspected security breach and to log out of your account at the end of each session. Tutor Tandem is not responsible for losses or damages arising from unauthorized access caused by your acts or omissions.


Acceptable Use

You agree to use the Site only for lawful, appropriate, and intended purposes. Tutor Tandem reserves the right, in its sole discretion, to suspend or terminate access to the Site at any time, with or without notice, for conduct it deems inappropriate, abusive, or inconsistent with these Terms.

Without limiting the foregoing, Users may not:

  • Harass, threaten, stalk, abuse, defame, or otherwise harm or violate the rights of others, including rights of privacy or publicity;
  • Create, upload, post, transmit, store, or share content that is false, misleading, defamatory, infringing, obscene, hateful, unlawful, or otherwise objectionable;
  • Use the Site in violation of any applicable local, state, federal, or international law or regulation, including employment or labor-related laws;
  • Create accounts for fraudulent purposes or misuse the Site for unauthorized commercial or financial gain;
  • Upload or share content that infringes the intellectual property, privacy, or other rights of any third party;
  • Upload files containing viruses, malware, or other harmful or disruptive code intended to damage or interfere with systems, networks, or devices;
  • Engage in conduct that interferes with, disrupts, or compromises the integrity or operation of the Site;
  • Attempt to gain unauthorized access to the Site, other user accounts, or connected systems or networks;
  • Advertise, promote, or sell goods or services unrelated to the intended purpose of the Site;
  • Impersonate any individual or entity, or allow others to use your credentials;
  • Post repetitive, duplicative, or unsolicited content, including spam;
  • Download, copy, distribute, or transmit content from another User that you know or should know cannot be lawfully shared;
  • Access or collect data from the Site using automated tools or methods, including bots, scrapers, or similar technologies;
  • Copy, reproduce, resell, or exploit any portion of the Site or its content without authorization; or
  • Restrict or interfere with any other User’s ability to access or use the Site.

Enforcement and Reporting

Tutor Tandem reserves all rights available under applicable law, including those provided by the Communications Decency Act, to remove or restrict access to content it considers objectionable in its sole discretion.

Suspected violations of these Terms or improper conduct by any User may be reported to Tutor Tandem at [email protected].

School Accounts and Student Data

This Section applies to the use of Tutor Tandem services by schools, school districts, educators, or other educational organizations (“Schools”).

Collection and Ownership of Student Data

When a School uses Tutor Tandem for educational purposes, Tutor Tandem may collect, receive, or have access to certain student-related information (“Student Data”). Student Data includes personal information that is directly associated with an identifiable student and may include “education records” as defined under the Family Educational Rights and Privacy Act (“FERPA”).

Student Data is owned and controlled by the School or the applicable student, not by Tutor Tandem. By using the Service and providing or permitting access to Student Data, you authorize Tutor Tandem to collect, access, transmit, process, display, and store Student Data solely as necessary to provide the Service, in accordance with these Terms and Tutor Tandem’s Privacy Policy.


Compliance With Privacy Laws

In the United States, Tutor Tandem may process Student Data as a “school official” with a legitimate educational interest, as permitted under FERPA, 20 U.S.C. § 1232(g). Tutor Tandem and participating Schools agree to comply with all applicable privacy and data protection laws, including FERPA, the Children’s Online Privacy Protection Act (“COPPA”), the Protection of Pupil Rights Amendment (“PPRA”), applicable state student data privacy laws, and any other laws or regulations governing the protection of Student Data.


Permitted Use of Student Data

By submitting Student Data or allowing Tutor Tandem to receive or access Student Data, you agree that Tutor Tandem may use such data for the following purposes:

  1. Providing, operating, and supporting the Service;
  2. Improving, maintaining, and developing the Service;
  3. Enforcing Tutor Tandem’s rights and obligations under these Terms; and
  4. Any other use authorized by the School or the applicable user, or as permitted by law.

De-Identified and Aggregated Data

Tutor Tandem may collect, analyze, use, retain, and derive information from Student Data, as well as from usage data related to the Service, both during and after the term of this Agreement. Such use may be for purposes including operating, analyzing, improving, marketing, or expanding the Service, developing new offerings, or conducting research, provided that any data shared externally or used for such purposes is de-identified and/or aggregated so that it cannot reasonably be used to identify a specific student.

Tutor Tandem will not publicly disclose information derived from Student Data unless it has been appropriately de-identified or anonymized.


Marketing Communications

Tutor Tandem may deliver informational, commercial, or promotional communications to School administrators, educators, or other non-student users from time to time. Such communications will not be based on Student Data. Tutor Tandem does not use Student Data for targeted advertising and will never engage in advertising practices that rely on Student Data.


Disclosure to Service Providers

Tutor Tandem may provide access to Student Data to its employees, contractors, and service providers who require such access to perform services on Tutor Tandem’s behalf. All such parties are required to maintain the confidentiality and security of Student Data.

Tutor Tandem will not disclose Student Data to third parties except as described in these Terms, in the Privacy Policy, as required by law, or with the consent of the School or a parent or eligible student, as applicable.

This is a dense, high-stakes section, so the goal here is faithful structure + original language + clear allocation of responsibility. Below is a clean, Tutor Tandem–branded rewrite that preserves the same legal framework, FERPA posture, data ownership rules, and breach mechanics without tracking Wyzant’s wording.


School Accounts and Student Data

This Section applies to the use of Tutor Tandem services by schools, school districts, educators, or other educational organizations (“Schools”).

Collection and Ownership of Student Data

When a School uses Tutor Tandem for educational purposes, Tutor Tandem may collect, receive, or have access to certain student-related information (“Student Data”). Student Data includes personal information that is directly associated with an identifiable student and may include “education records” as defined under the Family Educational Rights and Privacy Act (“FERPA”).

Student Data is owned and controlled by the School or the applicable student, not by Tutor Tandem. By using the Service and providing or permitting access to Student Data, you authorize Tutor Tandem to collect, access, transmit, process, display, and store Student Data solely as necessary to provide the Service, in accordance with these Terms and Tutor Tandem’s Privacy Policy.


Compliance With Privacy Laws

In the United States, Tutor Tandem may process Student Data as a “school official” with a legitimate educational interest, as permitted under FERPA, 20 U.S.C. § 1232(g). Tutor Tandem and participating Schools agree to comply with all applicable privacy and data protection laws, including FERPA, the Children’s Online Privacy Protection Act (“COPPA”), the Protection of Pupil Rights Amendment (“PPRA”), applicable state student data privacy laws, and any other laws or regulations governing the protection of Student Data.


Permitted Use of Student Data

By submitting Student Data or allowing Tutor Tandem to receive or access Student Data, you agree that Tutor Tandem may use such data for the following purposes:

  1. Providing, operating, and supporting the Service;
  2. Improving, maintaining, and developing the Service;
  3. Enforcing Tutor Tandem’s rights and obligations under these Terms; and
  4. Any other use authorized by the School or the applicable user, or as permitted by law.

De-Identified and Aggregated Data

Tutor Tandem may collect, analyze, use, retain, and derive information from Student Data, as well as from usage data related to the Service, both during and after the term of this Agreement. Such use may be for purposes including operating, analyzing, improving, marketing, or expanding the Service, developing new offerings, or conducting research, provided that any data shared externally or used for such purposes is de-identified and/or aggregated so that it cannot reasonably be used to identify a specific student.

Tutor Tandem will not publicly disclose information derived from Student Data unless it has been appropriately de-identified or anonymized.


Marketing Communications

Tutor Tandem may deliver informational, commercial, or promotional communications to School administrators, educators, or other non-student users from time to time. Such communications will not be based on Student Data. Tutor Tandem does not use Student Data for targeted advertising and will never engage in advertising practices that rely on Student Data.


Disclosure to Service Providers

Tutor Tandem may provide access to Student Data to its employees, contractors, and service providers who require such access to perform services on Tutor Tandem’s behalf. All such parties are required to maintain the confidentiality and security of Student Data.

Tutor Tandem will not disclose Student Data to third parties except as described in these Terms, in the Privacy Policy, as required by law, or with the consent of the School or a parent or eligible student, as applicable.


Access, Correction, and Deletion Requests

Schools may submit written requests for the deletion of Student Data in Tutor Tandem’s possession at any time. Tutor Tandem will comply with such requests within thirty (30) days, unless retention is required by law or the data has been transferred to a personal account independent of the School’s account.

Parents or students who are eighteen (18) years of age or older and who seek access to, correction of, or deletion of Student Data associated with a School account must direct such requests to the applicable School. Tutor Tandem is not obligated to delete de-identified or anonymized data derived from Student Data that cannot reasonably be used to identify an individual.


Data Security and Breach Notification

Tutor Tandem maintains administrative, technical, and physical safeguards designed to protect Student Data from unauthorized access, disclosure, or misuse.

If Tutor Tandem becomes aware of unauthorized access to Student Data collected or processed under this Agreement (a “Security Incident”), Tutor Tandem will promptly notify the affected School. Where a Security Incident is caused by Tutor Tandem or its agents and applicable law requires notification to individuals, regulators, or other entities, the School will determine the timing, content, and method of such notifications, and Tutor Tandem will indemnify the School for reasonable costs associated with legally required notifications.

If a Security Incident is not caused by Tutor Tandem or its agents, Tutor Tandem will reasonably cooperate with the School’s investigation, at the School’s reasonable expense, but will not be responsible for associated costs. Tutor Tandem will remain responsible for notifications and compliance obligations relating to users who are not associated with a School account.


State-Specific Terms

Additional terms and requirements may apply depending on the jurisdiction in which a School is located. Such state-specific provisions, where applicable, are incorporated by reference into these Terms.

6.1 Connecticut

This Section 6.1 applies to the use of the Tutor Tandem Service by Schools located in the State of Connecticut. This section is intended to document compliance with applicable Connecticut laws governing student data privacy and security, including Conn. Gen. Stat. Ann. §§ 10-234aa through 10-234dd. All statutory definitions referenced in Conn. Gen. Stat. Ann. § 10-234aa are incorporated by reference.

If you establish a Tutor Tandem account to provide services to students enrolled in a Connecticut School, you represent and warrant that you are duly authorized to act on behalf of the local or regional board of education with jurisdiction over such School and that you have authority to communicate and enter into agreements with Tutor Tandem on the board’s behalf.

Tutor Tandem and the applicable School agree to comply with all requirements of Conn. Gen. Stat. Ann. §§ 10-234aa–dd. To the extent required by Conn. Gen. Stat. Ann. § 10-234bb, the following terms apply. If any provision of this Section 6.1 conflicts with other provisions of these Terms, this Section 6.1 shall control.

  • Student information, student records, and student-generated content remain the property of and under the control of the local or regional board of education and are not owned or controlled by Tutor Tandem.
  • The local or regional board of education may request deletion of student information, student records, or student-generated content in Tutor Tandem’s possession by submitting a written request to [email protected]. As permitted under Conn. Gen. Stat. Ann. § 10-234bb(2), Tutor Tandem is not required to delete information that must be retained under applicable state or federal law or that is stored solely as part of a disaster recovery or backup system, provided such data is (i) not publicly accessible and (ii) not usable in the ordinary course of business. Tutor Tandem will, however, delete such data if it is restored from backup systems for active use.
  • Tutor Tandem will not use student information, student records, or student-generated content for any purpose other than those expressly authorized under this Agreement.
  • A student, parent, or legal guardian may review and request correction of personally identifiable information contained in student records by contacting the applicable School. Tutor Tandem will act in accordance with written instructions provided by an authorized School representative.
  • Tutor Tandem will implement and maintain reasonable administrative, technical, and physical safeguards designed to protect the security and confidentiality of student information, student records, and student-generated content.
  • Tutor Tandem will promptly notify the local or regional board of education, in accordance with Conn. Gen. Stat. Ann. § 10-234dd, in the event of any unauthorized access to, disclosure of, or acquisition of student information, student records, or student-generated content.
  • Upon expiration or termination of the School’s use of the Service, student information, student records, and student-generated content will no longer be retained by or accessible to Tutor Tandem, except where a student, parent, or legal guardian independently maintains a separate personal Tutor Tandem account for the storage of student-generated content.
  • Tutor Tandem and the local or regional board of education shall each comply with the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g, as amended.
  • The laws of the State of Connecticut govern the rights and obligations of Tutor Tandem and the local or regional board of education with respect to this Section 6.1.

If any provision of this Section 6.1 is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

6.2 New York

This Section 6.2 applies to the use of the Tutor Tandem Service by Schools located in the State of New York. This section is intended to document compliance with applicable New York State student data privacy and security laws, including New York Education Law § 2-d (“Ed Law 2-d”) and Part 121 of Title 8 of the New York Codes, Rules and Regulations (“8 NYCRR Part 121”). Definitions set forth in Ed Law 2-d § 3 and 8 NYCRR § 121.1 are incorporated herein by reference.

If you create or use a Tutor Tandem account to provide services to students enrolled in a New York School, you represent and warrant that you are authorized to act on behalf of the applicable educational agency and that you have authority to communicate with and bind such agency with respect to these Terms.

Tutor Tandem and the applicable School agree to comply with all relevant provisions of Ed Law 2-d and 8 NYCRR Part 121. The terms below are included as required by Ed Law 2-d § 5(b)(3) and 8 NYCRR §§ 121.3 and 121.6. In the event of any conflict between this Section 6.2 and other provisions of these Terms, this Section 6.2 shall govern.


Data Security and Privacy Program (8 NYCRR § 121.6(a)(1))

Tutor Tandem maintains policies and procedures designed to comply with applicable federal, state, and local data security and privacy requirements throughout the duration of a School’s use of the Service. These policies are aligned with the New York State Education Department Data Privacy and Security Policy.

If a School maintains its own data security and privacy policy that differs from the New York State Education Department policy, the School is responsible for providing such policy to Tutor Tandem. Tutor Tandem will review its practices against any School-provided policy and will use commercially reasonable efforts to align its practices where inconsistencies are identified.


Safeguards for Personally Identifiable Information (8 NYCRR § 121.6(a)(2))

Tutor Tandem employs reasonable administrative, technical, and operational safeguards designed to protect personally identifiable information from unauthorized access, use, modification, or disclosure while under Tutor Tandem’s control. Additional information regarding these safeguards is available in Tutor Tandem’s Privacy Policy. Upon request, School administrators may request supplemental information regarding Tutor Tandem’s security practices.


Parent Bill of Rights (8 NYCRR § 121.6(a)(3))

A Parent Bill of Rights for Data Privacy and Security applicable to the School is incorporated into this Agreement unless Tutor Tandem and the School or district have entered into a separate written agreement governing that subject. If a School has not adopted its own Parent Bill of Rights, the New York State Parent Bill of Rights shall apply.


Purpose Limitation (8 NYCRR § 121.3(c)(1))

Student data and teacher or principal data are used exclusively for the purpose of providing the Tutor Tandem Service as described in this Agreement and for no other purpose.


Subcontractors and Authorized Disclosures (8 NYCRR § 121.3(c)(2))

Any subcontractors, vendors, or other authorized third parties that receive access to student data or teacher or principal data will be contractually required to protect such data and comply with applicable federal and state data protection laws, including FERPA and Ed Law 2-d, in a manner consistent with these Terms.


Data Retention and Disposal (8 NYCRR § 121.3(c)(3))

This Agreement remains in effect for a School for as long as the School maintains an active Tutor Tandem subscription. Upon expiration or termination of a School’s subscription without renewal, Tutor Tandem will delete student data and teacher or principal data in accordance with (i) any applicable written agreement with the School, (ii) written instructions from authorized School administrators, and (iii) Tutor Tandem’s standard data retention schedule.

Authorized School administrators may contact [email protected] to request additional information regarding data retention practices or to discuss customization options to meet School-specific requirements.


Data Accuracy Challenges (8 NYCRR § 121.3(c)(4))

Parents, students, eligible students, teachers, or principals may challenge the accuracy of student data or teacher or principal data by contacting their School. Tutor Tandem will cooperate with the School, at the School’s direction, to facilitate such requests.


Data Storage Location and Security (8 NYCRR § 121.3(c)(5))

Student data and teacher or principal data associated with New York Schools are stored within the United States. Such data is maintained in a manner designed to mitigate security and privacy risks and is aligned with generally recognized cybersecurity standards, including the NIST Cybersecurity Framework.


Encryption (8 NYCRR § 121.3(c)(6))

Tutor Tandem protects data using encryption or equivalent technologies while data is in transit and at rest, consistent with technologies or methodologies specified or permitted by the U.S. Department of Health and Human Services under applicable federal guidance.


Employee Training (8 NYCRR § 121.6(a)(4))

Tutor Tandem provides periodic training to employees who may access student data or teacher or principal data regarding their obligations under applicable federal and state confidentiality, privacy, and data security laws.

Here’s a New York–compliant, Tutor Tandem–branded rewrite of Section 6.2. It tracks the statutory checklist districts expect under Education Law §2-d and 8 NYCRR Part 121, but the language is original, modernized, and clearly yours.


6.2 New York

This Section 6.2 applies to the use of the Tutor Tandem Service by Schools located in the State of New York. This section is intended to document compliance with applicable New York State student data privacy and security laws, including New York Education Law § 2-d (“Ed Law 2-d”) and Part 121 of Title 8 of the New York Codes, Rules and Regulations (“8 NYCRR Part 121”). Definitions set forth in Ed Law 2-d § 3 and 8 NYCRR § 121.1 are incorporated herein by reference.

If you create or use a Tutor Tandem account to provide services to students enrolled in a New York School, you represent and warrant that you are authorized to act on behalf of the applicable educational agency and that you have authority to communicate with and bind such agency with respect to these Terms.

Tutor Tandem and the applicable School agree to comply with all relevant provisions of Ed Law 2-d and 8 NYCRR Part 121. The terms below are included as required by Ed Law 2-d § 5(b)(3) and 8 NYCRR §§ 121.3 and 121.6. In the event of any conflict between this Section 6.2 and other provisions of these Terms, this Section 6.2 shall govern.


Data Security and Privacy Program (8 NYCRR § 121.6(a)(1))

Tutor Tandem maintains policies and procedures designed to comply with applicable federal, state, and local data security and privacy requirements throughout the duration of a School’s use of the Service. These policies are aligned with the New York State Education Department Data Privacy and Security Policy.

If a School maintains its own data security and privacy policy that differs from the New York State Education Department policy, the School is responsible for providing such policy to Tutor Tandem. Tutor Tandem will review its practices against any School-provided policy and will use commercially reasonable efforts to align its practices where inconsistencies are identified.


Safeguards for Personally Identifiable Information (8 NYCRR § 121.6(a)(2))

Tutor Tandem employs reasonable administrative, technical, and operational safeguards designed to protect personally identifiable information from unauthorized access, use, modification, or disclosure while under Tutor Tandem’s control. Additional information regarding these safeguards is available in Tutor Tandem’s Privacy Policy. Upon request, School administrators may request supplemental information regarding Tutor Tandem’s security practices.


Parent Bill of Rights (8 NYCRR § 121.6(a)(3))

A Parent Bill of Rights for Data Privacy and Security applicable to the School is incorporated into this Agreement unless Tutor Tandem and the School or district have entered into a separate written agreement governing that subject. If a School has not adopted its own Parent Bill of Rights, the New York State Parent Bill of Rights shall apply.


Purpose Limitation (8 NYCRR § 121.3(c)(1))

Student data and teacher or principal data are used exclusively for the purpose of providing the Tutor Tandem Service as described in this Agreement and for no other purpose.


Subcontractors and Authorized Disclosures (8 NYCRR § 121.3(c)(2))

Any subcontractors, vendors, or other authorized third parties that receive access to student data or teacher or principal data will be contractually required to protect such data and comply with applicable federal and state data protection laws, including FERPA and Ed Law 2-d, in a manner consistent with these Terms.


Data Retention and Disposal (8 NYCRR § 121.3(c)(3))

This Agreement remains in effect for a School for as long as the School maintains an active Tutor Tandem subscription. Upon expiration or termination of a School’s subscription without renewal, Tutor Tandem will delete student data and teacher or principal data in accordance with (i) any applicable written agreement with the School, (ii) written instructions from authorized School administrators, and (iii) Tutor Tandem’s standard data retention schedule.

Authorized School administrators may contact [email protected] to request additional information regarding data retention practices or to discuss customization options to meet School-specific requirements.


Data Accuracy Challenges (8 NYCRR § 121.3(c)(4))

Parents, students, eligible students, teachers, or principals may challenge the accuracy of student data or teacher or principal data by contacting their School. Tutor Tandem will cooperate with the School, at the School’s direction, to facilitate such requests.


Data Storage Location and Security (8 NYCRR § 121.3(c)(5))

Student data and teacher or principal data associated with New York Schools are stored within the United States. Such data is maintained in a manner designed to mitigate security and privacy risks and is aligned with generally recognized cybersecurity standards, including the NIST Cybersecurity Framework.


Encryption (8 NYCRR § 121.3(c)(6))

Tutor Tandem protects data using encryption or equivalent technologies while data is in transit and at rest, consistent with technologies or methodologies specified or permitted by the U.S. Department of Health and Human Services under applicable federal guidance.


Employee Training (8 NYCRR § 121.6(a)(4))

Tutor Tandem provides periodic training to employees who may access student data or teacher or principal data regarding their obligations under applicable federal and state confidentiality, privacy, and data security laws.


Vendor Management (8 NYCRR § 121.6(a)(5))

Tutor Tandem may utilize third-party vendors in the course of providing the Service. Such vendors are granted access to personally identifiable information only as necessary to perform contracted services and are subject to confidentiality and data security obligations consistent with this Section 6.2.


Security Incident Response (8 NYCRR § 121.6(a)(6))

Tutor Tandem maintains procedures for identifying, responding to, and mitigating data security and privacy incidents. In accordance with Ed Law 2-d, Tutor Tandem will notify the affected School of any security incident involving student data in the most expedient manner possible and without unreasonable delay.


Data Return or Destruction (8 NYCRR § 121.6(a)(7))

Upon termination or expiration of a School’s subscription without renewal, Tutor Tandem will delete or destroy student data and teacher or principal data in accordance with applicable written agreements, School instructions, and Tutor Tandem’s data retention policies, unless retention is required by law.

Third-Party Reports and Verification Services

Tutor Tandem may engage third-party consumer reporting agencies or service providers to generate reports relating to certain Users, including Tutors. These reports (“Consumer Reports”) may include, among other things, criminal background checks, sex offender registry searches, motor vehicle record checks, credit-related inquiries (where permitted by law), and identity verification.

Tutor Tandem does not guarantee, endorse, or warrant the accuracy, completeness, reliability, or timeliness of any Consumer Report or the information contained therein. Tutor Tandem does not independently verify the information provided by consumer reporting agencies.

Tutor Tandem may collect, access, use, and disclose information contained in Consumer Reports as permitted by law. Tutor Tandem may, in its sole discretion, review and rely on such information when evaluating a Tutor’s eligibility to use the Site, investigating complaints, or determining whether to suspend or terminate a Tutor’s account. Tutor Tandem shall not be responsible or liable for any inaccuracies, omissions, or delays in information contained in a Consumer Report.

Tutors who are the subject of a Consumer Report may contact the applicable consumer reporting agency directly to dispute the accuracy, completeness, or timeliness of the information provided. Tutor Tandem reserves the right to suspend or terminate any Tutor’s access to the Site based on Consumer Report information or for any other reason, in its sole discretion and as permitted by law.


Third-Party Verification Tools

Tutor Tandem may also make available optional third-party verification services that allow Users to request verification of certain information about other Users, such as identity confirmation or criminal history checks. Participation in any such verification service is entirely voluntary for both the User requesting the verification and the User being verified.

Tutor Tandem does not control and is not responsible for the accuracy or reliability of information provided by third-party verification services. You agree that Tutor Tandem shall not be liable for any errors, omissions, or inaccuracies in information produced by such services.

If you use or request information from a third-party verification or consumer reporting service, you represent and warrant that you will comply with all applicable laws, including the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

Confidentiality of Tutor Tandem Information

Through your use of the Site, you may receive access to certain non-public information belonging to Tutor Tandem or its affiliates, including but not limited to technical information, business processes, agreements, product details, pricing, marketing strategies, and other proprietary or commercially valuable information that a reasonable person would understand to be confidential (“Confidential Information”).

You agree to protect and maintain the confidentiality of such Confidential Information and to use it solely as permitted under these Terms. All rights, title, and interest in and to Confidential Information remain exclusively with Tutor Tandem and its affiliates.

These confidentiality obligations do not apply to information that you can demonstrate with legally sufficient evidence:

(a) was lawfully in your possession prior to disclosure by Tutor Tandem and was not subject to a duty of confidentiality;
(b) becomes publicly available through no fault or breach of these Terms by you;
(c) is rightfully obtained from a third party who had the legal authority to disclose it without restriction;
(d) is independently developed by you without reference to or use of Confidential Information and without involvement of individuals who had access to such information; or
(e) is required to be disclosed pursuant to a valid court order, governmental demand, or applicable law, or as necessary to enforce rights under these Terms, provided that you give Tutor Tandem reasonable advance notice of such disclosure (to the extent legally permitted) to allow Tutor Tandem an opportunity to seek protective relief.

User Content

You are solely responsible for any content you create, upload, share, transmit, or display while using the Site.

Tutor Tandem may permit Users to submit or make available content through the Site, including but not limited to text, images, videos, documents, files, comments, questions, messages, and other materials (collectively, “User Content”).

You retain ownership of any User Content you create and submit. Tutor Tandem does not claim ownership of your User Content.

By submitting, posting, displaying, or otherwise making User Content available on or through the Site, you grant Tutor Tandem a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works from such User Content, in whole or in part, in any format or medium now known or later developed, for purposes related to operating, improving, promoting, and providing the Site and Tutor Tandem’s business.

You further grant other Users of the Site a limited, non-exclusive license to access and use your User Content through the Site, solely as permitted by the Site’s functionality and these Terms.

You represent and warrant that you own or otherwise have all necessary rights, licenses, and permissions to submit the User Content and to grant the licenses described above. You may not upload or share User Content that infringes or violates the intellectual property rights, privacy rights, or publicity rights of any third party. You may only submit content that you are legally entitled to share.

Users may not create, upload, post, transmit, store, or share User Content that:

  • Is false, misleading, unlawful, defamatory, obscene, pornographic, hateful, violent, harassing, or otherwise offensive or inappropriate;
  • Discloses personal or confidential information without proper authorization;
  • Infringes or violates any intellectual property or other proprietary rights; or
  • Contains malware, viruses, or other code designed to disrupt, damage, or impair software, hardware, or networks.

Tutor Tandem reserves the right, but not the obligation, to review, edit, remove, or restrict access to User Content that violates these Terms, contains unauthorized commercial advertising, or is otherwise objectionable or inappropriate in Tutor Tandem’s sole discretion.

Terms of Transacting Business

All Users agree to comply with Tutor Tandem’s payment and billing policies applicable to Students and Tutors. All fees and charges related to tutoring services must be paid through the Tutor Tandem platform unless expressly permitted otherwise in writing.

Charges may include, without limitation:
(a) the Tutor’s stated hourly rate;
(b) any applicable travel or transportation fees;
(c) cancellation or no-show fees as outlined in the Tutor’s posted cancellation policy;
(d) applicable service or processing fees disclosed at the time of booking; and
(e) any platform or marketplace fees agreed upon between Tutor Tandem and the Tutor.

By using the Site to request, schedule, or provide tutoring services, you agree to pay all applicable fees associated with such services in accordance with Tutor Tandem’s posted policies.


Advertisements and Promotions

The Site may display advertisements, offers, or promotions from third parties. Any interactions, communications, transactions, or business dealings you have with third-party advertisers—including payment, fulfillment of goods or services, and related terms—are solely between you and the applicable third party.

Tutor Tandem does not endorse and is not responsible for the products, services, content, warranties, or representations made by third-party advertisers. Tutor Tandem will not be liable for any loss or damage arising from your dealings with third-party advertisers or from the presence of such advertisements on the Site.


Text Message Notifications

Tutors may choose to opt in to receive text message notifications related to Site activity, such as new student messages, message reminders, tutoring opportunities, or other account-related updates (the “Text Message Program”).

Standard messaging and data rates may apply depending on your mobile carrier and plan. Tutor Tandem does not charge additional fees for participation in the Text Message Program, but you are responsible for any charges imposed by your wireless service provider.


Content Provided Through External Links

The Site may contain links to third-party websites or resources that are not owned or controlled by Tutor Tandem. You acknowledge and agree that Tutor Tandem is not responsible for the availability, accuracy, or content of such external websites or resources.

Tutor Tandem does not endorse and is not liable for any content, advertising, products, services, or other materials available on or through third-party websites. You further agree that Tutor Tandem will not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of or reliance on any third-party content, goods, or services accessed through links on the Site.

Intellectual Property Rights

Subject to your compliance with these Terms, Tutor Tandem grants you a limited, revocable, non-exclusive, non-transferable permission to access and use the Site solely for its intended purposes and for your personal, non-commercial use (except as expressly permitted under these Terms). This permission may be revoked at any time, with or without cause. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices appearing on the Site or its content.

Except as expressly authorized, you may not use the Site or its content in any other manner. For example, you may not incorporate Site content into any database, compilation, archive, or cache, nor may you scrape, harvest, copy, or monitor any portion of the Site or its content through automated means, including robots, spiders, crawlers, or similar technologies. Deep-linking to the Site, framing Site pages, or linking in a manner that presents the Site or its content as part of another product or service is prohibited without Tutor Tandem’s prior written consent.

Tutor Tandem reserves all statutory and common law rights against any unauthorized use of the Site or its content. Any rights not expressly granted under these Terms are reserved by Tutor Tandem. You may, however, follow Tutor Tandem on social media platforms or share links to the Site using social sharing features made available on or through the Site.


Use of Content and Software

Unless expressly authorized by Tutor Tandem or by the applicable content owner, you agree not to copy, reproduce, modify, distribute, sell, lease, sublicense, mirror, frame, republish, download, transmit, or create derivative works from any content available on the Site, in whole or in part, by any means.

You may not modify, decompile, disassemble, or reverse engineer any software made available by Tutor Tandem, nor may you remove or alter any proprietary notices or ownership markings associated with such software or content.


Tutor Tandem Trademarks

“Tutor Tandem Trademarks” include all names, logos, trademarks, service marks, trade dress, slogans, designs, and other brand identifiers used by Tutor Tandem in connection with its products and services.

You may not remove, alter, or obscure any Tutor Tandem Trademarks, nor may you use Tutor Tandem Trademarks to co-brand products or services, without prior written permission from Tutor Tandem. You acknowledge Tutor Tandem’s exclusive ownership of the Tutor Tandem Trademarks and agree that any permitted use of such marks shall inure solely to Tutor Tandem’s benefit.

You further agree not to incorporate any Tutor Tandem Trademarks, or confusingly similar marks, into your own trademarks, service marks, business names, domain names, social media handles, or other identifiers, particularly in connection with internet-based or technology-related products or services.

Limited Permission to Use Tutor Tandem Content

Unless otherwise expressly stated, nothing in these Terms grants you any license or ownership interest in Tutor Tandem’s intellectual property. Permission is granted to view, download, copy, and display content owned by Tutor Tandem on the Site only if all of the following conditions are met:

(a) all copyright and proprietary notices are retained, and appropriate attribution (such as “used with permission”) is included;
(b) the content is used solely for personal, non-commercial purposes;
(c) the content is not posted on any networked computer or published in any medium, except as expressly authorized by Tutor Tandem; and
(d) the content is not modified in any way.

This limited permission automatically terminates if you violate any provision of these Terms. Upon termination, you must immediately destroy any copies of Tutor Tandem content that you have downloaded, printed, or otherwise retained.

Here’s a Tutor Tandem–branded, fully paraphrased DMCA / copyright section. It preserves statutory compliance, takedown mechanics, and termination rights while clearly using original language.


Copyright Infringement

Tutor Tandem respects the intellectual property rights of others and expects Users to do the same. You may not upload, post, share, distribute, modify, or reproduce any content on the Site that is protected by copyright unless you own the rights to that content or have obtained proper authorization from the copyright owner.

Tutor Tandem reserves the right, in its sole discretion, to remove or disable access to content that it believes may infringe the rights of others and to suspend or terminate accounts of Users who are suspected of repeated or egregious infringement.


DMCA Notice of Alleged Infringement

Tutor Tandem responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe in good faith that material available on the Site infringes your copyright, you (or your authorized agent) may submit a written notice requesting removal of or access restriction to the allegedly infringing material.

A valid DMCA notice must include all of the following:

(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of such works;
(c) identification of the material alleged to be infringing and information reasonably sufficient to allow Tutor Tandem to locate the material on the Site;
(d) the name, mailing address, telephone number, and email address of the complaining party;
(e) a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.


Counter-Notification

If you believe that content you submitted was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification as permitted under the DMCA. Any counter-notice must comply with applicable statutory requirements. Upon receipt of a valid counter-notice, Tutor Tandem may restore the removed content unless the original complainant files a court action as permitted by law.


Designated Copyright Agent

Notices of alleged copyright infringement and counter-notifications should be directed to Tutor Tandem’s designated agent:

Email: [email protected]
Attention: Copyright Agent

DMCA Misrepresentation Notice and Repeat Infringer Policy

UNDER FEDERAL LAW, ANY PERSON WHO KNOWINGLY MAKES A MATERIAL MISREPRESENTATION THAT ONLINE CONTENT IS INFRINGING MAY BE SUBJECT TO CIVIL AND CRIMINAL LIABILITY, INCLUDING DAMAGES, COURT COSTS, ATTORNEYS’ FEES, AND PENALTIES FOR PERJURY.

The copyright reporting procedure described above is intended solely for notifying Tutor Tandem of alleged copyright infringement. These requirements are designed to comply with Tutor Tandem’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512(c), and do not constitute legal advice. You may wish to consult an attorney regarding your rights and responsibilities under the DMCA or other applicable laws.

In accordance with the DMCA and applicable law, Tutor Tandem maintains a policy of terminating, in appropriate circumstances, Users who are determined to be repeat copyright infringers. Tutor Tandem also reserves the right, in its sole discretion, to restrict access to the Site or terminate the accounts of Users who infringe the intellectual property rights of others, whether or not the infringement is repeated.

Termination and Suspension

Tutor Tandem reserves the right, at any time and from time to time, to modify, suspend, or temporarily discontinue the Site or any portion of the Service, with or without notice. You agree that Tutor Tandem will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

Tutor Tandem may, in its sole discretion, suspend or terminate your account, password, or access to the Site at any time for any reason, including, without limitation, inactivity or conduct that Tutor Tandem believes violates or is inconsistent with the letter or spirit of these Terms.

You acknowledge and agree that any termination of access may occur without prior notice and may result in the immediate deactivation or deletion of your account and all associated data, as well as the loss of access to the Service. Tutor Tandem shall not be liable to you or to any third party for any suspension or termination of your access to the Site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE EXPRESSLY STATED.

THE SITE, INCLUDING ALL CONTENT, INFORMATION, AND SERVICES, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUTOR TANDEM DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TUTOR TANDEM MAKES NO WARRANTIES OR REPRESENTATIONS THAT:
(A) THE SITE WILL OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR SECURITY BREACH;
(B) RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, RELIABLE, OR COMPLETE;
(C) ANY TUTORING SERVICES, CONTENT, OR MATERIALS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
(D) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR
(E) THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES.

YOU ASSUME ALL RISK OF DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA RESULTING FROM ACCESSING OR DOWNLOADING CONTENT FROM THE SITE, INCLUDING DAMAGE CAUSED BY VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

The Site functions as an online marketplace that allows individuals seeking tutoring services to connect with independent individuals offering tutoring services.

You acknowledge and agree that Tutor Tandem does not control, supervise, or direct the actions or omissions of any User, whether on or off the Site, and makes no representations or warranties regarding the quality, suitability, legality, or safety of services provided by any User. Tutor Tandem is not responsible for the conduct, performance, or interactions of Users, whether such interactions occur through the Site or elsewhere.

To the fullest extent permitted by law, Tutor Tandem expressly disclaims all liability, and each User releases Tutor Tandem from any and all claims, demands, damages, losses, liabilities, injuries, or controversies arising out of or relating to the Site, including without limitation claims based on the acts or omissions of other Users.

Users engage with one another at their own risk. Tutor Tandem does not participate in, manage, or resolve disputes between Users and will not be responsible for any disputes, claims, losses, injuries, or damages that arise before, during, or after interactions between Users.


Limitation of Damages

To the maximum extent permitted by applicable law, Tutor Tandem shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including without limitation damages for loss of revenue, profits, business opportunities, goodwill, use, data, or other economic advantages, arising out of or in connection with your use of or inability to use the Site, even if Tutor Tandem has been advised of the possibility of such damages.

This limitation applies regardless of the legal theory asserted, whether based in contract, tort (including negligence), strict liability, or otherwise, including damages arising from:

(a) access to or use of the Site, or inability to access or use the Site;
(b) the cost of obtaining substitute services or transactions entered into through the Site;
(c) statements, actions, or conduct of any third party or User, including unauthorized access to data, fraudulent activity, or malicious behavior; or
(d) content, materials, or information accessed, downloaded, modified, or shared through the Site.

These limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not permit the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Liability Cap

In no event shall Tutor Tandem’s total aggregate liability to you for all claims, damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the lesser of:
(a) the total amount paid by you to Tutor Tandem, if any, during the twelve (12) months preceding the event giving rise to the claim; or
(b) one hundred U.S. dollars (USD $100).


Allocation of Risk

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms are fundamental elements of the agreement between you and Tutor Tandem and have been taken into account in determining the fees charged and the decision of the parties to enter into these Terms. You agree that these limitations are fair and reasonable.

If you are dissatisfied with the Site or do not agree with any portion of these Terms, your sole and exclusive remedy is to discontinue use of the Site, except as otherwise expressly provided herein.

Assumption of Risk

You acknowledge and agree that your use of the Site is at your own risk. This includes, without limitation, all risks associated with interacting with other Users, whether such interactions occur online, in person, or otherwise.

You are solely responsible for exercising appropriate judgment and taking reasonable precautions when engaging with other Users. This includes following any safety guidance or best practices made available by Tutor Tandem, as well as taking any additional steps you deem necessary to protect your personal safety, property, and information.

Indemnification

You agree to indemnify, defend, and hold harmless Tutor Tandem and its affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, suppliers, partners, and representatives from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) your actions or omissions, whether on or off the Site;
(b) your violation of these Terms;
(c) your infringement or alleged infringement of the rights of any third party, including intellectual property, privacy, or publicity rights;
(d) disputes or interactions between you and other Users;
(e) your use or misuse of the Site or any content, information, or materials made available through the Site;
(f) your violation of any applicable law, rule, or regulation;
(g) inaccurate, incomplete, misleading, or untimely information provided by you, including registration or profile information;
(h) any misrepresentation made by you;
(i) your use of or reliance on third-party websites or services accessed through the Site;
(j) your handling, disclosure, or misuse of User information;
(k) your use of information obtained through third-party reports or verification services;
(l) your use of third-party payment processors or phone support services; and/or
(m) any services, products, contracts, or arrangements entered into based on information obtained through the Site.

You agree to cooperate fully, as reasonably requested by Tutor Tandem, in the defense of any such claim. Tutor Tandem reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter otherwise subject to indemnification, and you may not settle any such matter without Tutor Tandem’s prior written consent.

Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Before initiating arbitration or other legal proceedings, you agree to first contact Tutor Tandem at [email protected] and attempt to resolve the dispute informally. If Tutor Tandem is unable to resolve the dispute within sixty (60) days, either party may pursue binding arbitration as described below.

Except for claims seeking injunctive or other equitable relief, any claim, dispute, or controversy arising out of or relating to these Terms, the Site, or your use of the Service (collectively, “Claims”) shall be resolved by final and binding arbitration administered by JAMS in accordance with its then-current Optional Expedited Arbitration Procedures, unless otherwise agreed by the parties.

The arbitration shall take place in San Mateo County, California, unless the parties mutually agree to a different location.

  • For Schools or commercial users: each party shall be responsible for arbitration filing, administrative, and arbitrator fees as provided under JAMS rules. The arbitrator’s award may include arbitration costs, reasonable attorneys’ fees, and reasonable expert and witness costs.
  • For individual, non-commercial users:
    (i) JAMS may require payment of a filing fee, subject to any available fee waiver;
    (ii) the arbitrator may award costs, reasonable attorneys’ fees, and expert or witness expenses; and
    (iii) you may bring a claim in small claims court without first engaging in arbitration, provided you have participated in the informal dispute resolution process described above.

Any arbitration award may be entered as a judgment in any court of competent jurisdiction.

Nothing in this section limits Tutor Tandem’s right to seek injunctive or equitable relief in court to protect its intellectual property, confidential information, data security, or other proprietary rights.

Injunctive Relief

You acknowledge and agree that any material breach of these Terms may cause Tutor Tandem irreparable harm for which monetary damages would be an insufficient remedy. Accordingly, in addition to any other rights or remedies available under law, Tutor Tandem may seek equitable relief through a court of competent jurisdiction, including temporary, preliminary, or permanent injunctive relief, to prevent or address such a breach.

You further agree to waive any requirement that Tutor Tandem post a bond or other security in connection with seeking such injunctive relief, to the extent permitted by law.

Here’s a Tutor Tandem–branded, fully paraphrased rewrite of the Injunction and Notices / Modification / Amendment sections. This keeps the same legal effect and enforcement power while using original language and your company name.


Injunctive Relief

You acknowledge and agree that any material breach of these Terms may cause Tutor Tandem irreparable harm for which monetary damages would be an insufficient remedy. Accordingly, in addition to any other rights or remedies available under law, Tutor Tandem may seek equitable relief through a court of competent jurisdiction, including temporary, preliminary, or permanent injunctive relief, to prevent or address such a breach.

You further agree to waive any requirement that Tutor Tandem post a bond or other security in connection with seeking such injunctive relief, to the extent permitted by law.


Notices; Modification and Termination of Services; Amendments to Terms

Tutor Tandem may provide notices to Users by email, postal mail, or by posting notices or links to notices on the Site. Such notice will be deemed given when sent or posted, as applicable.

Tutor Tandem reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Site or any portion of the services, as well as your access to or use of the Site, with or without prior notice. Tutor Tandem may also remove, delete, or restrict access to related information, files, or content. Tutor Tandem shall not be liable to you or to any third party for any modification, suspension, termination of services, or loss of data resulting therefrom.

Tutor Tandem may update or revise these Terms from time to time by posting the updated version on the Site. Your continued access to or use of the Site after the effective date of any such changes constitutes your acceptance of the revised Terms. If you do not agree to the Terms, or to any future modifications, you must discontinue use of the Site.

Notwithstanding the foregoing, Tutor Tandem will not make any material changes to the Terms that materially affect the collection or use of Student Data without first providing notice to the applicable School or parent and offering a meaningful choice before Student Data is used in a manner that is materially different from what was disclosed at the time of collection.

Governing Law; Venue; Waivers

These Terms, and any dispute arising out of or relating to them or the Site, shall be governed by and interpreted in accordance with the substantive laws of the State of California, without regard to conflict-of-law principles.

To the extent Tutor Tandem is permitted to seek injunctive or other equitable relief in court—such as to prevent the actual or threatened infringement, misappropriation, or violation of Tutor Tandem’s intellectual property, confidential information, or other proprietary rights—you agree to submit to the personal jurisdiction of the state and federal courts located in San Mateo County, California. You further agree that San Mateo County, California is the proper and exclusive venue for any appeal of an arbitration award or for court proceedings if the arbitration provision is determined to be unenforceable.

CLASS ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, all claims must be brought solely in the individual capacity of the parties and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies equally to class arbitration. Unless Tutor Tandem expressly agrees otherwise, an arbitrator may not consolidate the claims of more than one person.

By agreeing to these Terms, you and Tutor Tandem each knowingly and voluntarily waive the right to a trial by jury and the right to participate in any class, collective, representative, or private attorney general action, regardless of whether the claim arises under contract, statute, regulation, or common law.


Entire Agreement; Assignment

These Terms constitute the entire agreement between you and Tutor Tandem regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to such subject matter.

You may not assign, delegate, or otherwise transfer these Terms or any rights or obligations hereunder without Tutor Tandem’s prior written consent. Tutor Tandem may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Your use of the Site may also be subject to additional terms, policies, or guidelines posted on the Site or applicable to third-party products or services that you access through Tutor Tandem.