Terms, Privacy, Non-Compete

User Agreement, Terms of Service, Terms of Use, and Privacy Policy

 

Welcome to the website for the BuffTutor Network (BuffTutor). This User Agreement, including our Privacy Policy, governs your use of the BuffTutor website.

Please read this User Agreement carefully, because by visiting or using the website, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page, by e-mail and information collection forms. Your continued use of the website after any modification indicates your agreement to the new terms. Any party which disagrees with any terms and/or conditions should discontinue the use of our services and this website immediately.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become invalid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement shall be governed by the laws of the state of Colorado. All parties represent and warrant they have no obligations inconsistent with the terms of this Agreement or with undertaking a relationship with BuffTutor and that the use of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party for the State of Colorado.


Terms of Use

Website Materials, Copyright of the BuffTutor Program, and all materials included in it is owned by or licensed to BuffTutor and all rights are reserved. You must abide by all copyright notices and restrictions contained on the BuffTutor website. You may not copy, distribute, enter into a database, display, publish, perform, create derivative works of, transmit, or otherwise use any materials from the BuffTutor website (including computer programs or other code), in whole or in part, without the express permission from BuffTutor or its affiliates. BuffTutor grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use.


Trademarks

You may not use the BuffTutor Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.


Links, Frames, and Meta-Tags

You may link to the home page of the BuffTutor website as long as the link does not cast us in a false or misleading light. You may not frame the content of the BuffTutor website. You may not use Meta-tags or any other "hidden text" that incorporates the BuffTutor Trademarks or our name without our express written consent.


Disclaimer and Limitation of Liability

The BuffTutor Program, ITS EMPLOYEES, AND INDEPENDENT CONTRACTORS OF BuffTutor INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS ("CONTENTS") INCLUDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. BuffTutor HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER BuffTutor NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES, WHETHER IN ACTION AN ACTION BASED ON STATUTE, CONTRACT, TORT, OR OTHER LEGAL DOCUMENT RELATING TO THE USE OF THIS INFORMATION. THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. BuffTutor MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE ALL USERS, INCLUDING CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD TO THE BuffTutor WEBSITE, MAY NOT LEND, GIVE, SELL, TRADE, TRANSFER, OR DISTRIBUTE THEIR PRIVILEGES TO ANYONE UNDER ANY CIRCUMSTANCES WITHOUT CONSENT OF THE BuffTutor Program. USERS AGREE TO PROTECT THEIR ACCOUNT INFORMATION AND PASSWORD FROM OTHER CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD OR VISITS THE BuffTutor WEBSITE. USERS WHO VIOLATE THIS POLICY ARE IN BREACH OF THIS AGREEMENT AND MAY HAVE THEIR ACCESS AND RELATIONSHIP WITH BuffTutor TERMINATED WITHOUT REFUND OR THE ABILITY TO RECEIVE FUTURE SERVICES.


Terms of Service

The BuffTutor Program makes no warranty that a client will improve his/her academic performance.

REFUND POLICY:

AFTER PREPAYING FOR TUTOR SESSIONS, A STUDENT IS NOT REQUIRED TO STAY WITH ANY TUTOR.

If a student is not satisfied with a tutor’s performance during the first session, the student may either request a full refund for that session or apply payment for the unsatisfactory session to another tutor session with a different tutor.  The student may try another tutor and another until a satisfactory placement is made. IF NO TUTOR IS ACCEPTED, THE STUDENT IS ENTITLED TO A FULL REFUND, WITHOUT ANY PENALTY FEES.

IF A TUTOR IS ACCEPTED AND THE STUDENT RECEIVES A FIRST SESSION, THE FOLLOWING REFUND POLICY APPLIES.

If a student decides to terminate any future sessions with a tutor due to a tutor’s behavior, actions or a decline in the tutor’s performance, the student will receive a partial refund for the last hour of the last session.  An administrative and processing fee will be applied and deducted from the refund amount. In addition, if the student has unused prepaid tutor sessions, the student will receive a full refund of the outstanding balance.

If the student decides to terminates sessions with a tutor amicably, the student will receive a full refund of unused prepaid tutor sessions. 

If the student has unused prepaid tutor sessions at the end of the semester, the student may request a full refund of the balance, or transfer the balance to the next semester.

STUDENTS AGREE THAT SWITCHING TUTORS MAY CAUSE DELAYS IN SERVICE

The independently contracted tutors are assumed to be telling the truth about their abilities, and background checks are performed for tutors as needed. Tutors who have proof of having had a background check will be considered background checked by our service. It is beyond the tutor's control or the control of BuffTutor to directly affect the outcome of grades, scores on exams, homework, or other assignments. Tutors are not responsible for figuring out what is covered on tests or exams nor is the information they provide guaranteed to be accurate.

Tutors are Independent Contractors and solely responsible for their actions.  The BuffTutor Program is not legally bound to the conduct or behavior of its Tutors or other Contractors. All legal action is between parties other than the BuffTutor Program. Tutors, clients, and visitors to the website agree to indemnify and hold the BuffTutor Program, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content on the website, communication with the BuffTutor Program, or services provided by BuffTutor and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold BuffTutor liable for any loss in property or data due to the activities of the tutors and/or other Independent Contractors and/or students.

Tutors are not permitted to have relations with the student/client other than professional, as tutor and student/client, and the tutor may not solicit tutoring from the client for any course/subject once the contract is fulfilled, for the duration of receiving referrals from the tutoring service, and for up to 2 years after the tutor is no longer working with the BuffTutor Program tutoring service. Clients may not contact or conduct business with the tutors for reasons unrelated to the course/subject for which they are hired during the fulfillment of a tutoring contract or during the semester during which tutoring was conducted. Such violation of the Agreement may void a current purchase of tutor sessions by the client and may lead to termination of the tutor and a $2,500 (two-thousand five hundred dollars) fine for the tutor or loss of pay.

Tutors or BuffTutor may suspend or declare a contract void, and all remaining prepaid tutor sessions forfeit, should the Tutor or BuffTutor believe after reasonable investigation that the Tutor or that BuffTutor is being subject to emotional or physical abuse or harassment by a student and/or parent/guardian of student, or behavior that leads the tutor to feel uncomfortable during the tutoring session. Re-institution of the contract and remaining hours is at the discretion of the BuffTutor Program. Tutors have the option of canceling a home appointment if there is not a third person present of age 18 or higher, these hours would then be considered forfeit.  Tutoring is conducted only for the specified course(s) at the time of student-tutor assignment. Unused hours during the semester are transferable to another semester but not to another student. Exceptions are made at the discretion of the BuffTutor Program.

The student/parent must provide 24 hour notice to the tutor for cancellations or to re-schedule an appointment; otherwise, failure to do so will forfeit the session and the student will be charged for the total number of hours the missed session was originally scheduled for. Upon arrival of the Tutor, if the student is not available, the Tutor must wait 15 minutes, after which time the Tutor may declare the session forfeited; the student will be charged for the total number of hours the missed session was originally scheduled for.  The tutor must provide 24 hour notice to the student for cancellations or to reschedule an appointment; otherwise, failure to do so will forfeit the session and the tutor will provide a FREE makeup session that will last as long as the missed session. 

IF A STUDENT IS CAUGHT MAKING SIDE DEALS WITH THE TUTOR, IN WHICH THE SERVICE IS NOT INVOLVED OR WITHOUT PERMISSION OF THE SERVICE, THE STUDENT AGREES TO FORFEIT ALL REMAINING HOURS AND PAY THE SERVICE $500 FOR LIQUIDATIVE DAMAGES PER INFRACTION AND ALL LEGAL FEES INCURRED TO COLLECT THE FINES.


Terms of Hiring

BuffTutor is an equal opportunity employer and contractor. BuffTutor provides equal opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Hiring policy for Independent Contractors relates to all phases of hiring including recruitment, placement, promotion, training, lateral transfers, layoffs, termination, compensation rates, and membership benefits.

Tutors are utilized as Independent Contractors; no relationship of employment, partnership, or joint venture agreement is expressed or implied. BuffTutor is not required to offer benefits such as insurance, Workman's Compensation, Overtime, paid vacations, retirement plans, or other formalities associated with such relationships. Tutors are financially responsible for all expenses related to their work, which including any Federal, State, and Local taxes.

BuffTutor does not guarantee the tutor will get any particular number of students or hours. Estimates may be provided but BuffTutor is not responsible for the ultimate accuracy of such estimates. Tutors should not rely on BuffTutor as their sole provider for income. Furthermore, BuffTutor does not reimburse tutors for supplies, tuition, transportation, or relocation. Upon relocation, tutors are not required to re-apply but should expect the opportunity to work to be different for each location.

BuffTutor Independent Contractors will be volunteers or paid $9 - 50/hour depending on the state and level of the Contractor, at the discretion of the service. Tutors may set their own tutoring rate.  The online tools provided must be used to log in tutor hours and the hours must be verified by the client before Tutors will be paid. Tutors who fail to submit a timesheet online (or by email if the online tools are not available), for a semester or quarter, by the second week after a semester ends forfeit their remaining unpaid hours. Tutors are required to provide two week written notice, by mail or e-mail, for resignations; violation leads to forfeit of all unpaid hours for all contracts. Tutors who leave during a semester, who provide the two week notice, may be required to wait until the end of the term to receive payment.

Tutors permit the BuffTutor program to collect payment from students on the Tutors’ behalf.  Tutors agree to pay a set percentage of the collected wages to the BuffTutor Program for services provided.  This percentage will be deducted from the collected wages and the balance will be paid to the Tutor.  The percent deduction will be set by the BuffTutor Program and may change at the discretion of the BuffTutor Program.  Tutors continued use of the website and the BuffTutor Program will indicate the Tutors agreement to the new terms.  Tutors will be notified of any changes to the percent deduction and the new percent deduction will only apply to students assigned to Tutors after the new percent deduction policy is implemented. 

Tutors agree to commit to one quarter or one semester for the term they are contracted for. Otherwise a tutor who resigns, with or without two weeks notice, forfeits all hours on the books for that term. Tutors who attempt a power play, such as refusing students on the basis of dissatisfaction with the service and particularly with delays in payment risk losing their hours, at the discretion of the tutoring service.

If the tutor is responsible, directly or indirectly, for loss of income to the service, loss of a client during or upon completion of a package, or dissatisfaction of a client for any other reason, that tutor may be required to forfeit hours performed for the client and all clients. Direct causes of loss of income include poor customer service, missing appointments with or without notice, not calling the student back, being unreliable, being unreachable, providing less than two weeks notice of resignation, poor quality of tutoring, or misrepresentation of his/her abilities to tutor a subject, or any other reason. Hours worked may be forfeited whether or not the client remains or gets a refund.

If a tutor threatens the management, owner, or any staff member with physical or legal action, the tutor agrees to forfeit all earnings up to that point and until the matter is resolved.

Tutors are Independent Contractors and solely responsible for their actions.  All legal action is between parties other than the BuffTutor Program. Tutors, clients, and visitors to the website agree to indemnify and hold the BuffTutor Program, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content on the website, communication with the BuffTutor Program, or services provided by the BuffTutor and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold BuffTutor liable for any loss in property or data due to the activities of the tutors, promoters, or and/or students.

The tutor may not accept further tutoring from the actual client, a friend of that client, or from a friend of a friend of a friend of a friend of a friend, and will be responsible for the same liquidative damages policy, for each violation.

Tutoring is conducted only for the specified course(s) at the time of referral. Unused prepaid tutor sessions during the semester are transferable to another semester but not to another student. Exceptions are made at the discretion of the BuffTutor Program.

Tutors agree that they can be contacted by email for invitations to receive students, for invitations to be promoters, and for solicitations from us or from members of the service, and for invitations to come back to be a tutor if inactive.

Tutors agree to permit their profiles to be published on our website.

Tutors are bound by the Terms page even after they declare themselves inactive or if the tutoring service renders them inactive.


Terms of Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed by or in part by BuffTutor in connection with the Services shall be the exclusive property of the BuffTutor Program. Upon request, tutors shall sign all documents necessary to confirm or perfect the exclusive ownership of BuffTutor to the Work Product. Tutors may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services without explicit permission provided directly from BuffTutor management.

Tutors acknowledge that all BuffTutor students are exclusive clients of BuffTutor and tutors shall not render services to said clients independent of the BuffTutor Program, for the specific course(s) for which the tutor was referred or for any course/subject regardless of whether BuffTutor offers it/them, while currently working with BuffTutor and for 2 years after resigning from the BuffTutor Program.

If a tutor renders services to BuffTutor clients, independent of the BuffTutor Program, and under any circumstances, regardless of whether or not the tutor accepts payments for said services, the tutor then agrees to pay the BuffTutor Program, Two Thousand Five Hundred Dollars ($2,500), to compensate BuffTutor for the tutor’s breach of contract and interference with BuffTutor business practice. In addition, if BuffTutor incurs attorney fees and costs in attempts to enforce this clause, then the tutor will be liable for said attorney fees and costs.

Tutors agree to Confidentiality with Proprietary Information and with the privacy of our customers, staff, and other tutors.

Tutors will be required to enter into a Non-compete Agreement and submit their Social Security Number before any students will be assigned to them. The tutor grants permission to the BuffTutor Program, its affiliates, and even serious customers, to do a "Background Check" as necessary. The tutor agrees to provide complete and truthful information to the BuffTutor Program, its affiliates, and all customers on all documents and during all communications without exception. Tutors agree to permit biographical information to be posted on the website in the public domain, to include their first name only, nickname, education, experience, and courses they tutor. Tutors agree not to use profanity or other controversial language or ideas which our viewers might find offensive; such conduct might possibly lead to their termination. Tutors grant BuffTutor permission to edit, copy, publish, distribute, translate and otherwise use in any medium content they provide without limit or compensation.

BuffTutor has the right to terminate the use of a tutor at anytime with or without cause. Upon the termination, the tutor agrees to return any and all copies of proprietary materials and writings received from, created for, or belonging to the BuffTutor Program, including, but not limited to, those which relate to or contain proprietary information and company records that are in the tutor's possession or under their control. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination. Tutors are required to tutor for the duration of the semester. Tutors who resign during a semester or quarter agree to forfeit all wages owed to them and to pay all legal fees that BuffTutor incurs in pursuing this in court. If the tutor has a competent replacement, that replacement must be approved by BuffTutor prior to taking the client.


Privacy Policy

The BuffTutor Program, its staff, and its Independently Contracted Tutors are required to respect the confidentiality of personal information and the privacy of individuals, for both clients and Tutors, and we will not at any time or in any manner, either directly or indirectly, use for the personal benefit, or divulge, disclose, or communicate in any manner any confidential, personal information. BuffTutor utilizes procedures to protect the personal information it holds from misuse, loss, unauthorized access, modification or disclosure, by using various methods which include limiting the number of people who have physical access to our database servers and password protection for all files. BuffTutor cannot guarantee the protection of personal information stored on or transmitted to and from our system over the internet and is not liable for release of such information due to factors beyond our control.

Occasionally, BuffTutor might contact you to request feedback about your experience with our service. We may send out newsletters or promotions to our clients and Tutors for special announcements, upcoming events, to offer discounts, or other reasons. Clients and Tutors may choose to be excluded from contact by “unsubscribing” via email, website, phone, or mail. Any false accusations that we are contacting you without permission will be reported to authorities and pursued by legal action as necessary.


NON-COMPETE AGREEMENT

Independent Contractors:

For good consideration and as an inducement for BuffTutor to conduct business with the Tutors, or Promoter, the Independent Contractor hereby agrees not to directly or indirectly compete with the business of BuffTutor and its successors in the city in which the Tutor tutors for BuffTutor and assigns during the period of Independent Contracting and for a period of 2 (two) years following termination of employment and notwithstanding the cause or reason for termination. The tutor agrees to pay BuffTutor a $10,000 fine and all legal fees incurred in the collection of this fine.

The term "not compete" as used herein shall mean that the Independent Contractor shall not own, manage, operate, or consult in a business substantially similar to, or competitive with, the present business of BuffTutor or such other business activity in which BuffTutor may substantially engaged during the term of Independent Contracting. A tutor may work for competing services during Independent Contracting and for up to 2 years after termination only if given written permission by the BuffTutor Program, on a case by case basis. This permission can be revoked at any time for any reason.

The Independent Contractor may continue to advertise and promote his/her own tutoring, acquire his/her own clients, or if given written permission, may work for another tutoring service, but only as long as trade secrets and company policies are not divulged to their clients or to competitors of the BuffTutor Program.

The Independent Contractor acknowledges that BuffTutor shall or may in reliance of this agreement provide Independent Contractor access to trade secrets, customers and other confidential data and good will. The Independent Contractor agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.