1. General terms
Firefly Tutors provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Firefly Tutors and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials, and all aspects of the lessons.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
Firefly Tutors controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Firefly Tutors services may not be available in your location, and available services may vary among locations. In addition, Firefly Tutors will attempt to deliver all correspondence sent via the Site's messaging system. Firefly Tutors does not, however, guarantee delivery of all messages.
3. Academic honesty
You acknowledge and agree that Firefly Tutors 's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes, or otherwise do work on your behalf. Further, you agree not to use Firefly Tutors 's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
4. Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Firefly Tutors , to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Firefly Tutors or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Firefly Tutors reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the Site that Firefly Tutors, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
By using the Site, you understand and agree that Firefly Tutors may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Firefly Tutors may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize Firefly Tutors to verify the above representations and warranties by you and you acknowledge and agree that Firefly Tutors shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure to accomplish such verification. You further agree that Firefly Tutors may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree Firefly Tutors does not conduct background checks of any User. You also understand and agree Firefly Tutors neither confirms nor denies the validity of information provided by Users and that Firefly Tutors does not verify that any or all the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Firefly Tutors expressly disclaims, and you expressly release Firefly Tutors from, all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Firefly Tutors reserves all its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Firefly Tutors in its sole discretion. Alleged improprieties by any User may be reported to Firefly Tutors by email at firstname.lastname@example.org
5. Third party reports
Firefly Tutors may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Firefly Tutors does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness, or completeness of any information in the consumer reports. Firefly Tutors does not independently verify information in the consumer reports.
You hereby consent to Firefly Tutors collecting, using, and disclosing the information in the consumer reports. You understand and agree that Firefly Tutors may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Firefly Tutors shall not be responsible or liable in any way if any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness, or completeness of such information. Firefly Tutors reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Firefly Tutors 's sole discretion.
6. Confidentiality of Firefly Tutors information
You may obtain direct access via the Site to certain confidential information of Firefly Tutors and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Firefly Tutors and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Firefly Tutors , without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Firefly Tutors adequate to afford Firefly Tutors the opportunity to object to the disclosure.
7. Content submitted to the site
Firefly Tutors does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Firefly Tutors shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Firefly Tutors an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Firefly Tutors, its affiliates, and third-party providers of any information that you may provide on the Site.
8. Terms of transacting business
You understand and agree to abide by Firefly Tutors ’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Firefly Tutors. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Firefly Tutors.
9. Third party verification services
Firefly Tutors may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third-party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Firefly Tutors shall not be held responsible or liable in any way if any information provided by a third-party verification service is inaccurate. When a third-party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681. See http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.
10. Advertisements and promotions
Firefly Tutors may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Firefly Tutors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Firefly Tutors is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Firefly Tutors advertisers on the Site.
11. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Firefly Tutors is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Firefly Tutors will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
12. Intellectual property rights
Except as expressly authorized by Firefly Tutors or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Firefly Tutors discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Firefly Tutors Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Firefly Tutors uses in connection with its products and services. You may not remove or alter any Firefly Tutors Trademarks, or co-brand your own products or material with Firefly Tutors Trademarks, without Firefly Tutors 's prior written consent. You acknowledge Firefly Tutors 's rights in Firefly Tutors Trademarks and agree that any use of Firefly Tutors Trademarks by you shall inure to Firefly Tutors 's sole benefit. You agree not to incorporate any Firefly Tutors Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services, or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Firefly Tutors on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
13. Termination and suspension
Firefly Tutors reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
14. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Firefly Tutors DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. Firefly Tutors MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
Firefly Tutors MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
15. Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT Firefly Tutors HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT Firefly Tutors MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT Firefly Tutors IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, Firefly Tutors EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. Firefly Tutors WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. Firefly Tutors IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT Firefly Tutors HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT Firefly Tutors MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT Firefly Tutors IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, Firefly Tutors EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES Firefly Tutors FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, Firefly Tutors IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF Firefly Tutors HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Firefly Tutors 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO Firefly Tutors OR A Firefly Tutors PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
16. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation all the risks associated with any online or offline interactions with other Users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Firefly Tutors. Any such controversy, claim, suit, injury, or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, or damage of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Firefly Tutors may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Firefly Tutors for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Firefly Tutors will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Firefly Tutors seeks such an injunction.
20. Notices; modification and termination of services; amendment of terms
Firefly Tutors may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Firefly Tutors reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Firefly Tutors may also delete, or bar access to or use of, all related information and files. Firefly Tutors will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Firefly Tutors may amend these Terms at any time by posting the amended terms on this Site.
21. Governing law
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of Illinois.
22. Entire agreement
These Terms constitute the entire agreement between you and Firefly Tutors relating to their subject matter and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms, or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Firefly Tutors or third-party products or services.
Last Updated on April 10, 2015