TOS
TERMS OF USE/TERMS OF SERVICE
Last updated Sept 21, 2023
AGREEMENT TO TERMS
Online Math Tutor LLC, an Arkansas limited liability company (the “Company” or “Online Math Tutor” or “Online Math Tutor LLC”), is an online learning destination for students, users, members, parents, guardians, purchasers, and learners (“Customers”). Customers can interact online in various ways, including live one-on-one and small or large group class formats.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Online Math Tutor LLC (“Company“, “we”, “us”, or “our”), concerning your access to and use of the OnlineMathTutor.co, MathThought.com, and its affiliates website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
To help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use . You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
MARKETPLACE OFFERINGS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment: Stipe, PayPal, most major credit cards.
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Arkansas applicable to agreements made and to be entirely performed within the State of Arkansas , without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Pulaski County, Little Rock Arkansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Pulaski County, Little Rock Arkansas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __________. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Marketplace Offerings; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at Info@MathThought.com
All users must be of legal age and reside in the United States. All minors (anyone younger than 18) years must have the approval of their parents/guardians before receiving tutoring services. To be in good standing with Online Math Tutor LLC it is necessary for users to provide accurate information when creating their profiles and update their information so that the information on file is current, accurate, and complete. Users also agree to accept all risks that result from unauthorized access to personal data.
Users are not permitted to create or maintain an account that contains objective content, this includes content that is obscene, racist, offensive, pornographic, violent, defame, threaten, abuse, harassing, infringing, hateful, distasteful, profane, misleading, false information, unlawful, or anything that seeks to hinder a positive and encouraging learning environment. Users who are found in violation will forfeit all lessons purchased and will be immediately removed from the system, and they will not be permitted to resume services. Online Math Tutor LLC reserves the right under the Communications Decency Act to remove and/or edit the content that violates these terms or fails to comply with the overall mission of Online Math Tutor LLC .
Users are required to use this website in a lawful manner. Users are not permitted to uploads files containing computer viruses, malware, or any type of computer code that disrupts any of the services rendered. Those found in violation will be prosecuted to the fullest extent of the law. Users are not permitted to gain or probe the website to find/gain unauthorized access. Anyone who is found using this website fraudulently can have their account terminated immediately. It is the sole discretion of Online Math Tutor LLC to terminate a user with or without notice for violation of this agreement.
Users will not hold Online Math Tutor LLC liable for whatever reason for any controversies, claims, lawsuits, damages, that may arise by using this website. Online Math Tutor LLC reserves the right to revise these Terms Of Service agreement. Continued use of the website constitutes an agreement with the current policies.
Student Enrollment Agreement
Online Math Tutor LLC, an Arkansas limited liability company (the “Company” or “Online Math Tutor” or “Online Math Tutor LLC”), is an online learning destination for students, users, members, parents, guardians, purchasers, and learners (“Customers”). Customers can interact online in various ways, including live one-on-one and small or large group class formats.
Students/Members who contract services with Online Math Tutor LLC by enrolling in the Math Thought Program, purchasing a tutoring plan, or any on-demand help/assessment/last-minute tutoring agree to abide by the TOS in addition to the Student Enrollment Agreement. Students/Members who violate these terms forfeit their membership status at Online Math Tutor LLC. Payment for tutoring services is a contractual agreement between Online Math Tutor LLC and the student/customer to abide by the TOS and the Student Enrollment Agreement
Student Attestation
The parent/student/member attests that the student is fully able to participate in additional learning without undue risk. The parent/student/member also attests that the student can attend classes and/or tutoring sessions and be actively involved in discussions.
The student/member agrees to commit to the entirety of the Math Thought Program while adhering to the following conditions to be in good standing.
- Respect all other students and members within the program’s community.
- Complete and submit weekly homework assignments by stated deadlines.
- Prompt attendance to each week’s live coaching/tutorial session.
- Come prepared for each session by reviewing your assignments BEFORE each session.
- Be able to access the lesson space and the Zoom calls through a secure internet connection.
- Bring your textbook, class notes, and any authorized assignments to the sessions.
- Tutoring sessions are meant to supplement your course, not replace it.
- Send your questions at least 24hr before your scheduled session.
- Adhere to the policies as outlined within the Academic Integrity Policy.
- Assignments cannot be completed by your tutor/instructor.
- No outstanding payment and/or tuition fees.
Live class recordings will be securely uploaded to the private tuition learning environment to allow students the opportunity to rewatch and or revisit learning classes. Students and parents agree and understand that these class replays are available to enhance a student’s learning throughout the course. Course recordings are available exclusively for students in good standing within the Online Math Tutor LLC community. Any violation of these issues or sharing course content outside of the Online Math Tutor LLC community would be deemed a breach of safeguarding and will be reported. Online Math Tutor LLC reserves the right to revoke the Parents/ Students/Members access to course content and tutoring services if these terms are violated.
No student will be permitted to attend a tutoring session without successfully completing any outstanding payment and/or tuition fees. The Member agrees to pay the fees in accordance to the terms within the purchased tutoring package. These fees may be paid by automatic debit or credit card transaction with details supplied to Online Math Tutor LLC. The member authorizes Online Math Tutor LLC to automatically charge a payment method (e.g., credit card, debit card) on file for payments. Students/Members who opt to enroll in a payment plan authorize Online Math Tutor LLC to charge their account to collect any remaining funds.
- Minimum 1x live tutoring/coaching sessions each week
- 8-Weeks of Mathematical learning guidelines and support.
- Student mentorship and support.
- Online community and support.
- Access to full tuition class replays/recordings for the course duration.
- Full course materials/handouts provided for weekly lessons.
Math Thought Program Membership Cancellation
Students/Members who enroll in the Math Thought Program but decide to cancel their membership after trying it, we will hate to see you go, but understand and we’ll gladly refund your total purchase within 7-days of initial enrollment/purchase. Please note that you can only cancel and receive a full refund within seven days of starting the program. After seven days the student/member acknowledges they will be charged the full amount for their program. Students/Members who opt to enroll in a payment plan authorize Online Math Tutor LLC to charge their account to collect any remaining funds.
If more than seven days have passed, you are welcome to cancel your recurring payments before your next billing date. To receive a refund, you must cancel your membership before your payment is processed. Refunds are issued to the payment method used during purchase. Refunds may take upwards of 5-10 business days. All other expenditures, such as books, calculators, electronic devices, or any supplementary learning materials, will not be reimbursed by Online Math Tutor LLC. The member is responsible for any purchases outside of Online Math Tutor LLC.
Tuition in the program may be canceled by providing written notice by email to customer service at Membership@OnlineMathTutor.co with a clear request to cancel membership. The email subject heading should read ATTN: Membership Cancellation Request.
Lessons will begin at the scheduled time, as agreed upon by the tutor and the student. We understand that certain circumstances can delay joining a coaching/tutoring session; in good faith, tutors may text or call a student to remind the student of the meeting times. Students who are more than 15 minutes for a session will be considered a no-show for the session, thereby forfeiting the session time and being charged a cancelation fee for the full amount of the session.
It is your responsibility to notify your tutor before the session begins to avoid being considered a no-show for the session. If you know you will be unable to attend a scheduled meeting, you must provide written notification 24 hours before the meeting time. Students outside of group tutoring programs, such as the Math Thought Program and/or discounted tutoring programs, may receive a full refund (excluding the processing fee) provided written notification was received by the tutor from the student at least 24 hours before the scheduled meeting. If you are arriving late to a session, you need to notify your tutor prior to the start of the session to avoid being considered absent from the tutoring session.
Sessions that are continuously canceled, even with proper notification, may be charged a nonrefundable service fee of 10% for each session and, or resulting in the termination of the tutoring agreement contract.
Membership in group studies, such as the Math Thought Program, cannot be paused/extended/ compensated for any missed sessions or holidays. Students will be expected to continue their education or watch class replays via our online community when traveling or unable to attend their usual classes. Tutors are not expected to personally tutor students (enrolled in group study) who miss a scheduled meeting.
We understand that uncontrollable circumstances arise, and we at Online Math Tutor LLC will work in good faith to help our students reach their education goals.
The student/member grants permission to Online Math Tutor LLC, its affiliates, and agents to use the student’s/member’s image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape or digital recording without expectation of compensation or other remuneration, now or in the future. The student/member understands that the videos may be edited, copied, exhibited, published, or distributed and waives the right to inspect or approve the finished product wherein the student’s/member’s likeness appears.
Additionally, the student/member waives any right to royalties or other compensation arising or related to the use of these recordings. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. This consent for photographic, audio, or video recordings may be used for ANY USE, which may include, but is not limited to, presentations, course, advertisements, news (press), educational services, electronic media, printed media, and/or online videos.
By accepting the TOS the student/member understands this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. The student/client releases any and all claims against any person or organization utilizing this material for educational purposes. This consent is given in perpetuity and does not require prior approval by the student/member.
General Provisions
Online Math Tutor LLC makes no guarantees or warranties with regard to a student’s performance as a result of any tutoring provided. The student assumes all responsibilities and outcomes that may arise from any tutoring.
Tutors are strictly prohibited from engaging in any activity that compromises or jeopardizes academic integrity. Tutors are required to report any suspicious activity that may suggest that a student is dishonest when securing tutoring services.
Tutors are expected to report any student who knowingly asks or coerces them to violate the academic integrity policy. Once a report has been submitted, the student will be unable to conduct further sessions until the student has been cleared of any disputed issue. Students who violate the Academic Integrity Policy will forfeit their remaining sessions and will not be permitted to resume tutoring services for the duration of their course. Students may reapply for tutoring services after the termination of their course.
Violations May Include- Any form of plagiarism.
- Having a tutor complete an assignment.
- Impersonating a student for any reason.
- Accessing digital homework systems
- Misrepresenting the instruction/guidelines on an assignment for academic gain.
- Using resources that have been either forbidden or unauthorized by the instructor
Students may only use authorized collaboration and study aids during tutoring sessions. Since it is not always apparent what has been authorized by an instructor, the student (or his or her guardian) is responsible for informing the tutor about any authorized guidelines.
If a dispute arises during or after the term of this Agreement between the Parties, they shall agree to negotiate amongst themselves, in “good faith,” before any litigation. In case of impossibility to resolve the dispute by negotiation, all disputes under this Agreement shall be settled by arbitration in the State of Arkansas governing law before a single arbitrator pursuant to the commercial law rules of the American Arbitrator Association. Arbitration may be commenced at any time by any party hereto giving written notice to the other party in a dispute that has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto. This provision for arbitration shall be specifically enforceable by the parties, and the decision of the arbitrator in accordance herewith shall be final and binding without the right of appeal.
This agreement serves as a liability release, pursuant to which the student/member agrees to indemnify and hold Online Math Tutor LLC harmless against any and all claims without limitation.
If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable under present or future laws, such provisions shall be severable, this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect.
This agreement shall be considered binding upon the students/members and Online Math Tutor LLC and shall be upheld and enforced in accordance with the laws of Arkansas. This agreement shall be construed under and in accordance with the laws of the State of Arkansas. Any legal proceedings related to this contract shall take place in courts located in Searcy, AR.
