Terms and Conditions
Last updated: February 06, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Growing Stars, 4695 Chabot Drive, Ste. 200, Pleasanton CA 94588.
Country refers to: California, United States
Service refers to the Website.
Terms and Conditions(also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Growing Stars, accessible from https://www.growingstars.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The Site offers one on one tutoring services. You and the Tutor are responsible for materials, scheduling, frequency, duration and all other aspects of the transactions. You are responsible for choosing the best Tutor to fit your needs. You should investigate and review each user. If You are younger than 18-years old, the session should be supervised by an adult. The Website may vary depending on your location. We will attempt to deliver correspondence; however, We cannot guarantee delivery of messages.
We do not permit cheating of any kind. You are not to use the Website for academic dishonesty. We do not permit taking quizzes on behalf of somebody else or to work in violation of academic policies.
Obligations and Conduct
You must: (a) be of legal age, (b) have the capacity to agree to these Terms on your behalf, (c) reside within the United States of America, (d) provide accurate information, (d) maintain the security of your User credentials. You are not permitted to use the Site if you are under the age of 13. Growing Stars does not permit inaccurate, harmful, pornographic, defamatory, racist, harassing, violent or offensive Content. You may not infringe on intellectual property. Growing Stars reserve all of its rights under the Communications Decency Act, including the rights to remove anything objectionable.
If you obtain direct access via the Website, all valuable information should be reasonably understood as confidential. You must hold Confidential Information in strict confidence.
Confidential Information is not permitted to be shared or violated.
Growing Stars does not claim ownership of the Content that you provide. We have no obligation of any kind with respect to such Content. We are free to use such Content on an unrestricted basis. You grant Growing Stars a worldwide, royalty-free, nonexclusive license to use, reproduce, modify, resell or distribute Content. You warrant that you have proper authorization for the worldwide transfer and processing of Content and third-party providers.
Terms of Transacting Business
You must abide by the Website payment policies. You must pay all costs such as: Tutors hourly rate, services fees, and the Platform fee.
Advertising and Promotions
We may run advertisements and promotions on the Website or our partner networks. Growing Stars is not responsible for loss or damage of such dealings or as the result of the presence of such non-Growing Stars Users.
We grant you permission to use the Website for the purposes provided. You are permitted to use the Website for personal, non-commercial use. You are not permitted to remove any trademark, copyright or other notice. You may not incorporate information, content or materials. You are not permitted to deep-link to the Website for any purpose. We reserve all rights against any entity who violates this paragraph. You agree to not reproduce, modify, rent, lease loan, mirror, frame, republish, or modify the Website’s Content. We Trademark all marks, names, brands, logos, designs, slogans, and Content. You are not permitted to remove or alter Trademarks.
Growing Stars respects the intellectual property of You and Tutors. Users may not post, modify, or reproduce Content on the Website that is Copyrighted. You must obtain the prior written consent of the Copyright Owner to distribute Content. We reserve the right to remove any Content that infringes the Copyright Rights of Users.
Use of the Website is at your own sole risk. The Website, information, services, and Content is provided as is, as available and with all faults. We express implied conditions, representations and warranties of any kind. Growing Stars makes no representations, warranties, conditions as to the usefulness of quality, truth, accuracy or completeness of the Website.
Growing Stars does not ensure that the Website is uninterrupted, error-free, quality of products, quality of services, or quality of Content. You assume all risk for damage to your computer system or loss of data that results from Website.
Assumption of Risk
You assume all risks when using the Website. Risks include association with any online or offline interactions with other Users. You shall take precautions and follow recommendations by Growing Stars.
You shall indemnify, defend and hold harmless Growing Stars and all affiliations. Any costs, including losses, expenses, claims, attorney fees and court costs, incurred by Growing Stars in any way related to Your acts or omissions, violation of any rights, breach of these Terms, disputes with or between other Users, use and/or misuse of the Website, violation of law or regulation, misleading or inaccurate information, misstatements, use of links to third party websites. Growing Stars reserves the right to assume the defense and control of any matter otherwise subject to indemnification by Users. You shall not settle or claim or matter on behalf of Growing Stars without Our written consent.
This section discusses the process of resolving disputes between Growing Stars and a parent; Growing Stars and a Student; or Growing Stars, a Tutor and a Guardian. All disputes are to be solved through arbitration instead of court.
Any dispute must go to binding Arbitration under the provisions of the Terms. The arbitrator must apply the Consumer Arbitration Rules of the American Arbitration Association in effect at the time you consent to the Terms. If Consumer Arbitration Rules and Arbitration disagree, then the terms of this document would result in an unfair arbitration proceeding. In any case, the Consumer Arbitration Rules control. This arbitration provision must be construed and enforced following the Federal Arbitration Act, 9 U.S.C. §1 et seq.
The Arbitration Process: (1) Complete a short form on AAA claim filing page, (2) Submit to the AAA, (3) Send a copy to Growing Stars, Attn: Legal Department. For more information, see the AAA’s claim filing page: http://www.adr.org/fileacase.
Choosing the Arbitrator: Growing Stars and you will attempt to agree on a single arbitrator using AAA procedures. If agreement is impossible, each party is to select its own arbitrator. The Arbitrator’s Decision: Must be based on his/her decision on the evidence presented according to these Terms. The arbitrator may award damage and relief on an individual basis. The Arbitrator’s decision is final and binding.
For Individual Claims: You and Growing Stars Agree that each may bring claims, suits, cause of action against the other on an individual basis. A representative claim may be brought in Arbitration where otherwise mandated by law. The arbitrator may not consolidate more than one person’s claims and may not preside over any consolidates, representative or class proceeding. Location of Hearing: To be conducted at a convenient location for all parties. Attorney Fee: Each party will pay own attorneys’ fees. Disputes: May be brought before an administrative agency. Nothing in the arbitration provision relieves any party the duty to exhaust administrative remedies or prevents either party from cooperating with a state body as required by law.
We may provide notice to Users via email, posting links or letter mail on the Site. Growing Stars reserves the right to modify, terminate or suspend services. We may delete all related information and files. Growing Stars is not liable to Users or any third-party for modification, suspension or termination of services.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
The United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By phone number: 1.800.499.4769