Welcome and thank you for your interest in kalvie.com (the "Site", "Website") an online services platform provided by Kalvie, Inc. ("Kalvie", "we", "us", "our"). The Site provides an online platform enabling individuals seeking Tutoring Services ("Users" as defined below) to find and connect with independent third party contractors providing such services ("Tutors" as defined below). The platform includes the ability for Users and Tutors to interact and communicate.
These Tutor Terms of Service govern your access to and use of the Site, Services, and Content (as defined below) offered by Kalvie, accessible via the website www.kalvie.com and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (as defined below). These Terms constitute a binding legal agreement between you and Kalvie.
"User, Student, Learner, Parent" means a person that seeks a Tutor and/or Tutoring Services for or on behalf of an individual looking to receive such Services. This may be a student or parent/guardian of such student.
"Services, Tutor Services, Tutoring Services" means the ability for Tutors and individuals seeking tutoring or educations services to interact via the Kalvie platform.
"Account" means the profile you create by registering/signing up as a User on the Site in accordance with these Terms of Services.
"Tutor" means you, an educational services provider accessible to Users via the Site.
"Content" means Content made available by Kalvie through the Site and Services include Third Party licensed content but excludes User Content.
"User Content" means Content made available by Tutors or Users via the Site and Services.
"Tutoring Sessions" means the time spent when Tutor provides Tutoring Services to a learner via the Site and Services.
As a Tutor, your use of the Services is governed by the terms and conditions set forth herein together with Kalvie’s applicable policies. KALVIE IS A TECHNOLOGY SERVICE THAT PROVIDES AN ONLINE PLATFORM ENABLING USERS TO CONNECT WITH INDEPENDENT THIRD PARTY PROVIDERS OF TUTOR SERVICES. YOU UNDERSTAND AND AGREE THAT KALVIE IS NOT AN EDUCATION OR TUTOR SERVICES PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY KALVIE OR ANY OF ITS AFFILIATES. YOU ACKNOWLEDGE THAT KALVIE IS NOT PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A USER AND A TUTOR NOR DOES KALVIE HAVE CONTROL OF THE TUTOR SERVICES OR THE CONDUCT OF USERS, TUTORS, AND OTHER USERS OF THE SITE AND SERVICES. ANY MEETINGS, VIRTUAL OR PHYSICAL, BETWEEN USERS, TUTORS, OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TUTOR SERVICES PROVIDED BY TUTORS ARE DONE AT THE PARTIES’ SOLE RISK. IN ADDITION, KALVIE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE TUTOR SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SITE AND RELATED SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE, THAT YOUR ACCESS AND USE OF THE SITE AND RELATED SERVICES, OR YOUR ACCESS TO YOUR KALVIE ACCOUNT, OR BY POSTING ANY CONTENT TO THE SITE IN CONNECTION WITH YOUR TUTOR SERVICES OR OTHERWISE, INDICATED YOU HAVE READ, UNDERSTAND, AND ARE IN UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TUTOR TERMS OF SERVICE, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND KALVIE. IF YOU ACCEPT OR AGREE TO THESE TUTOR TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT CORPORATION OR OTHER LEGAL ENTITY TO THESE TUTOR TERMS OF SERVICE AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT CORPORATION OR OTHER LEGAL ENTITY. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TUTOR TERMS OF SERVICE IN THEIR ENTIRETY, YOU SHALL NOT (AND WILL NOT HAVE THE RIGHT TO) ACCESS THE SITE AND RELATED SERVICES AND YOUR KALVIE ACCOUNT. THESE TUTOR TERMS OF SERVICE EXPRESSLY SUPERSEDE PRIOR AGREEMENTS WITH YOU.
Kalvie may, at any time, without any prior notice, terminate the Site and related Services or modify any or all of the Tutors Terms of Service, in its sole discretion, including but not limited to the fees and charges associated with the use of the Site and related services. Amendments to the Tutor Terms of Service will be posted on the Site as well as emailed to you at the email address provided in your Kalvie account (and which you must maintain up-to-date) and it is your responsibility to regularly review the most current version of the Tutors Terms of Service posted on the Site. Your continued access and use of the Site and related Services after such amendments constitutes your unconditional consent and agreement to the new Tutors Terms of Service.
Notices and other communications, including those regarding amendments to the Terms, will be made either in writing by posting to the Site or delivered by email to the email address provided by you at the time of registering an Account (and which you must maintain up-to-date). The effective date of the notices will be the “as of” date for notices on the site and the receipt date of notices made by email.
You acknowledge and agree that:
(a) Kalvie can be used to facilitate the provision of Tutoring Services via our online platform and its video and text chat and document collaboration interface. As stated above, Kalvie makes available a platform with related technology for users to connect with Tutors online and conduct the Tutoring Sessions via our online interface as requested by users.
(b) Kalvie is not a provider of tutoring services.
(c) Kalvie’s role is solely to facilitate the availability of the Site and Services to Tutors and Users.
(d) Kalvie is not a contracting agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of Kalvie.
You acknowledge and agree that the relationship between you and Kalvie is that of an independent contractor and nothing in these Terms may be construed as establishing an employment or agency relationship between you and Kalvie. You have no authority to bind Kalvie by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Tutor Services in connection with these Terms or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You acknowledge and agree that you are not and will not be entitled to any benefits paid or made available by Kalvie to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Kalvie pertaining to any bonus, stock option, profit sharing, insurance or similar benefits, whether available to employees of Kalvie or otherwise.
To be a Tutor at Kalvie you must create a Tutor account through the Become a Tutor link at https://www.kalvie.com/become-a-tutor and complete a full application. By creating a Tutor account you acknowledge and agree to the following:
(a) That you are 18 years of age or older. If you are under the age of 18 years you are not authorized to register as a Tutor and receive payments from Kalvie.
(b) That all information provided when registering your account was complete and accurate and you agree to promptly update your Account information with any changes or new information that may affect the use of your Account and/or remove information that is no longer true.
(c) You acknowledge and agree that you have not and will not use false identities or impersonate any other individual or use a username that you are not authorized to use.
(d) That you authorize Kalvie to verify and inquire, as deemed necessary and appropriate by Kalvie, directly or through third parties, your Account information and/or information you provided related to any activity or Services you initiate through the Site and Services.
(e) That you are solely and entirely responsible for maintaining and safeguarding your account and related information. This includes, but is not limited to, safeguarding the confidentiality of your username, password, your account information, and any related content. You agree your username and password are confidential and you will not share them with any third party. You agree that you are solely and entirely responsible for any and all activities or actions that occur through the use of your Account, whether or not by you, or by any authorized or unauthorized third party. You agree to immediately notify Kalvie of any breaches and unauthorized use of your account, username, and/or password.
(f) You will not permit or facilitate the use of your account by a third party. You agree you will not permit, enable, or facilitate the use of the Site, related services, and your account by persons who do not have an Account with Kalvie. You agree you will not permit third party individuals to provide Tutoring Services through your account.
(g) You acknowledge and agree that Kalvie will charge a fee for use of its platform by you. This fee may vary depending on which country you were located when you first registered your account and started providing such Tutors Services. You acknowledge and agree that the fee rates, payment frequency, and method of payment applicable may be modified, revoked, and or revised at the sole discretion of Kalvie. If this fee is not acceptable to you, your only recourse is to not provide Tutor Services via the Site and Services.
In your capacity as a Tutor, you agree to the following:
(a) Tutoring Services. Kalvie does not participate in, exercise control or supervision over, or take decisions regarding a Tutor’s Tutoring Services. You agree that you will be held fully responsible for adhering to all applicable laws or regulations related to your interaction with Users and your provision of Tutoring Services, and Kalvie will not be held responsible for any Tutor’s failure to do so. Without limiting the terms of the “Limitation of Liability” section included in these Terms, Kalvie is not responsible for the use or exchange of any information, files, or goods between Tutors and Users. Kalvie does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Tutors or Users, including, without limitation, the Tutor Services provided or other information made available through the Site and related Services.
Kalvie does not participate in, exercise control or supervision over, or take decisions regarding the matching of Users and Tutor or the booking of Tutoring Sessions. Users are free to choose which Tutor they would like to book a Tutoring Session with and use the live booking tool to do so.
(b) Interactions with Users. You are solely responsible for your interactions with Users. You understand that Kalvie does not in any way conduct screening of Users and your use of the Site and Services is at your own risk. Therefore you agree to take reasonable precautions in all interactions with Users and that you are solely responsible for, and agree to exercise caution, discretion, common sense and judgment in, using the Site or providing Tutor Services and disclosing information, including personal information to Users, the provision of which is not required by the Site or the Services.
(c) Contacting Tutors and Users. Kalvie reserves the right to contact Tutors and Users, in compliance with applicable law, in order to evaluate compliance with Kalvie's rules and policies and these Tutor Terms of Service. If you believe that a User or another Tutor has violated the law or is defrauding, threatening or otherwise endangering anyone, Kalvie urges you to immediately contact the police directly for assistance.
(d) Abiding by Applicable Laws. You will abide by all applicable local, provincial, state, federal and foreign laws, treatises and regulations in connection with your provision of Tutor Services and your use of the Site.
(e) You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Tutor Services.
(f) You are solely responsible for all equipment necessary to access and use the Site and Services and to provide Tutor Services.
(g) You will not record or otherwise store any Tutor Services session that you provide through the Site or Services.
(h) You will not use the Site or Services or provide Tutor Services in any manner that harasses a User or another Tutor or could otherwise interfere with any other party's use or enjoyment of the Site, Services or Tutor Services provided by any other Tutor. You will respect the privacy of other Users and will not use the Site, Services or Tutor Services for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by Kalvie in its sole discretion.
(i) You will neither use the Site nor the Services to invite a User to meet in person. You may not provide Tutoring Services to a Learner outside of the Site or Services.
You agree not to:
(a) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
(b) use, display, mirror or frame the Site, or any individual element within the Site or Services, Kalvie's name, any Kalvie trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kalvie's express written consent;
(c) access, tamper with, or use non-public areas of the Site, Kalvie's computer systems, or the technical delivery systems of Kalvie's providers;
(d) attempt to probe, scan, or test the vulnerability of any Kalvie system or network or breach any security or authentication measures;
(e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Kalvie or any of Kalvie's providers or any other third party (including another user) to protect the Site, Services or Content;
(f) attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kalvie or other generally available third party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) use any meta tags or other hidden text or metadata utilizing a Kalvie trademark, logo URL or product name without Kalvie's express written consent;
(i) use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these User Terms of Service;
(j) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
(l) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
(m) collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
(n) impersonate or misrepresent your affiliation with any person or entity;
(p) encourage or enable any other individual to do any of the foregoing.
Kalvie will have the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. Kalvie may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms of Service. You acknowledge that Kalvie has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Kalvie reserves the right, at any time and without prior notice, to remove or disable access to any Content that Kalvie, at its sole discretion, considers to be in violation of these User Terms of Service or otherwise harmful to the Site or Services.
Communication between Tutors and Users must always be via the Site and Services. This is for the safety of both Tutors and Users and any breaches of the following terms will be grounds for suspension and/or termination at the sole discretion of Kalvie. You acknowledge and agree to the following:
(a) You will only communicate with Users via the Site and Services, including the virtual classroom and messaging tool;
(b) You may not communicate with a User outside of the Site even if such communication has been initiated by such User. This includes communication via any social media platforms, email, text messaging, phone or any other third party messaging tools or means of communication;
(c) If contacted by User using Third Party Communication you will respond to the User via the Site and Services and inform such User to restrict communication to the Site and Services.
(d) You will not provide your personal contact details to Users, even if requested by such Users and you will not request the personal contact details of any Users
(e) You may not connect or follow Users on social media platforms.
You acknowledge and agree to comply with any and all applicable tax laws, including the reporting and payments of any liability for taxes, to all government agencies having jurisdiction, arising in connection with your use of the Site and Services, and that you are solely responsible for determining your own tax reporting requirements and liabilities to all government agencies having jurisdiction. We cannot and do not offer tax advice to any Tutors. You agree to hold Kalvie harmless from and against any and all claims, charges, penalties or demands relating to the payment of Taxes, which may be made against you by any government agency having jurisdiction.
If you are a registered Tutor via the Site and Services of Kalvie and provide Tutor Services via the Site and Services you may be entitled to payment of compensation for the provision of such Tutor Services. You acknowledge and agree that compensation rates, frequency of payments, and methods of payment are set by Kalvie and it may, in its sole discretion, revoke, modify and/or revise the applicable compensation rates, payment frequency, and method of payment. You acknowledge and agree that the compensation rates, payment frequency, and method of payment applicable to your provision of Tutor Services may vary depending on the User to whom such Tutor Services are provided, the Type of Tutor or Category of Tutor Services, and from which country you were located when you first registered your account and started providing such Tutors Services, which may be related to an agreement between Kalvie and a Third Party Institution. If the compensation rates and payment frequency are not acceptable to you, your only recourse is to not provide Tutor Services via the Site and Services. Similarly, if modifications are made to the compensation rates, payment frequency, and payment methods, your continued provision of Tutor Services shall constitute your consent to such modifications, and if such modifications are not acceptable to you your only recourse is to cease to provide Tutor Services via the Site and Services.
You acknowledge and agree that you are solely liable for costs incurred for receipt of payments from Kalvie that may include but are not restricted to; banking transfer fees, intermediary banking transfer fees, currency exchange fees, banking administrative fees, agent fees, and other fees related to receipt of payments. You acknowledge and agree that Kalvie may apply a payment fee to cover costs associated with payments to you which may vary depending on which country you were located when you first registered your account and started providing such Tutors Services, and that Kalvie in it’s sole discretion may modify the payment fees. If such payment fees are not acceptable to you your only recourse is to cease to provide Tutor Services via the Site and Services.
You acknowledge and agree, if you register to the Kalvie Site and Services via a Third Party Agent that all such compensation and payments frequency terms do not apply to you and that any compensation and payment frequency agreements must be made between you and such Third Party Agent. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH AGREEMENTS BETWEEN YOU AND A THIRD PARTY AGENT AND THAT KALVIE SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT COMPENSATION OR PAYMENTS TO YOU AS A RESULT OF YOUR PROVISION OF TUTOR SERVICES IF YOUR REGISTRATION TO THE SITE AND SERVICE WAS FACILITED VIA A THIRD PARTY AGENT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KALVIE , ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE WHICH ARE IN CONNECTION WITH OR ARISING OUT OF A CLAIM AGAINST SUCH THIRD PARTY AGENT.
You understand that from time to time Kalvie may provide users with promotional offers and discounts that may result in different amounts being charged by Kalvie for the provisions of Tutor Services and that such promotional offers may have bearing on the Tutor compensation rate and/or frequency of payment. Furthermore, Kalvie may provide promotional offers that increase Tutor compensation rate during a specified period of time, you acknowledge and agree, that this does not supersede the Tutor Terms of Services and that the offer will be limited to the duration specified.
You acknowledge and agree, in the event Kalvie is forced to issue a refund in accordance with our Refund Policy and any Satisfaction Guarantee policy set forth in Kalvie User Terms of Service to a User who requests a refund in respect of the Tutor Services received from you, you will be liable to Kalvie for the full amount of such refund and this amount will be deducted from the Payment sent to you by Kalvie, and Kalvie may set off any future Payments that are validly owing to you against such Refund, failing which you will remain responsible to reimburse Kalvie in the event of any such Refund.
A Tutor may at any time invite a friend or acquaintance to join Kalvie as a Tutor. Kalvie will not hold you liable for the quality and or conduct of anyone you invite. An invitation does not constitute automatic acceptance as a Tutor and Kalvie will still apply it’s standard tutor approval on-board policies with any individual invited by a Tutor. You acknowledge and agree that you are not an official agent or representative of any individual you invite and that you do not make claim to any or all future payments from Kalvie to this individual. You also acknowledge and agree that you have no right to any information relating to the Account of any individual you invited.
Kalvie, at its sole discretion and without prior notice, reserves the right to suspend and terminate your Account as well as terminate these Tutor Terms of Service. Kalvie reserves the right to disable and/or revoke your access to the Site, related Services, and Content at any time, without prior notice, and with or without cause. Any breaches of these Tutor Terms of Service will constitute cause for Kalvie to immediately suspend and/or terminate your account and terminate these Tutor Terms of Service. In the event you breach these Tutor Terms of Service and Kalvie terminates these Tutor Terms of Service, you will remain liable for all outstanding amounts due to Kalvie as per these Tutor Terms of Service and Kalvie will be remain liable for all valid and undisputed Tutor Payments up till and no later than the effective date of termination.
We don't like to see our Tutors leave but if you must you may cancel your Account by sending an email to email@example.com.
Kalvie reserves the right, at its sole discretion, to modify, discontinue, temporarily or permanently, the Site, Service and/or these Tutor Terms of Service (or any part thereof) with or without notice. You agree that Kalvie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Any modifications to these Tutor Terms of Service will be posted on the Site. Your continued access or use of the Site and/or Services after posting of modification will constitute that you have read and agree to be bound by the new Tutors Terms of Service. If you do not agree with the modification you must cease to use the Site and Services immediately.
The Site, Services, and related Content are protected by trademark, copyright, and other intellectual property right laws. You acknowledge and agree that the Site, Services, related Content and all associated intellectual property rights are the exclusive property of Kalvie and its licensors. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site, Services, and related Content unless expressly permitted in these Tutor Terms of Service. Any rights not expressly granted herein are reserved by Kalvie.
You are solely responsible for the content and other materials you post on or through the Site and Services or transmit to or share with users. You will not post or transmit any content that you did not create or that you do not own all right, title, and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Kalvie and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense-able, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site and Services. Additionally, by posting any User Content publicly, you hereby grant and will grant Kalvie and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense-able, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content for the promotion, advertising or marketing of the Site and Services, in any form, medium or technology now known or later developed.
Under no circumstances will Kalvie be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Kalvie does not pre-screen content, but that Kalvie and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Kalvie shall have the right to remove any content that violates these Tutor Terms of Service or is deemed by Kalvie, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Kalvie are non-confidential. Kalvie shall be entitled to use any questions, comments, suggestions, ideas, feedback or other information provided by you to Kalvie in unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You understand and agree that the use of Third Party Services may be required for the provision of Tutor Services. You acknowledge and agree that Kalvie is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services. As such, you agree Kalvie is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Services. You shall be solely responsible for maintaining all telecommunication and Internet services and other hardware and software you may decide to use to provide the Tutor Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Services.
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet, all of which are provided for your reference only. Kalvie has no control over such sites and their content and is not responsible for and does not endorse such sites and content. You further acknowledge and agree that Kalvie 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Kalvie is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KALVIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KALVIE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KALVIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KALVIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF 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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL KALVIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KALVIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED US DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TUTOR TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You may not assign or otherwise transfer there Tutor Terms of Service, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of Kalvie, which consent may be delayed or withheld by Kalvie at its sole discretion. Any attempt to assign or transfer without such consent will be null and void. Kalvie may freely in its sole discretion assign, transfer, or delegate all rights and obligations under these Tutor Terms of Service, fully or partially without notice to you. Kalvie may also substitute, by way of unilateral novation, effective upon notice to you, Kalvie for any third party that assumes our rights and obligations under these Tutors Terms of Service.
You agree that all disputes, claims, or controversies arising out of or relating to these Tutor Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Tutor Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Tutor Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that neither party, Kalvie nor you, shall be liable for any failure to perform its obligations hereunder, including payments obligations, where such failure results from any case beyond where such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.