Member Terms of Use

Please read the following Terms of Use relating to your access and use of THIS WEBSITE carefully.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY LOG OFF OF THE WEBSITE

1. Scope of These Terms of Use.

These Terms of Use apply to your use of the Member side of the PrivateTutorDirectory.com website owned and operated by Private Tutor Directory, LLC (PTD), referred to herein as “this Site” as a “Member” (About Members: http://www.privatetutordirectory.com/about.php) Our “Guest” (About Guests: http://www.privatetutordirectory.com/about.php) Terms of Use are set forth in our Guest Terms of Use, which are located here http://www.privatetutordirectory.com/info/public_terms.php. These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links, (“Other Sites”).

2. Acceptance of These Terms of Use.

By using this Site, you agree to be bound to these Terms of Use. PTD, its subsidiaries, Members, Friends (About Friends: http://www.privatetutordirectory.com/about.php), agents, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms of Use periodically for changes. By using this Site after we post any changes to these Terms of Use you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms of Use at any time, please do not use this Site.

3. Username and Password.

To access the PTD Member Site you have been given a Username and a Password. You shall treat your Username and Password as private, confidential and personal and shall safeguard and maintain their confidentiality. You are entirely responsible for all activities that occur under your account. You agree to notify PTD immediately of any unauthorized use of your account or any other breach of security. Use by any other person or entity shall be considered theft. PTD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You shall be liable for any consequences that may result from unauthorized disclosure of your Username and Password, whether intentional, negligent or inadvertent, including but not limited to immediate termination of your PTD membership and liability for liquidated damages. This obligation to maintain confidentiality shall survive the termination of this Agreement.

4. Disclaimer Regarding Links.

We are not responsible for the availability of any Other Site to which this Site links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites. Please direct your concerns to that Other Site’s webmaster or appropriate contact.

5. Disclaimer Regarding Tutors (Members).

Tutors are not independently authenticated or verified. Neither Private Tutor Directory, LLC, nor PrivateTutorDirectory.com, are responsible for your actions.

6. Disclaimer Regarding Background Checks.

PTD may offer Members an opportunity to have a background check and display a logo on the Member’s profile indicating that the background check has been completed. PTD does not review or offer opinions of its members and does not guarantee their actions or services and is not responsible for the contents or findings of any background checks. PTD encourages you to check the credentials or references of these Members prior to contacting them or using their services.

7. Intellectual Property Rights Ownership and Notification.

Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, Web pages, information, products, services, software, or other materials (collectively “Content”) appearing in and on this Site are the exclusive property of PTD. All Content contained on or used in this Site is copyrighted, all rights reserved, and the ownership of the copyrights herein shall at all times remain vested in PTD, unless otherwise noted. PTD shall have the right to license any Content, subject to its stated Privacy Policy, contained in, or collected on, this Site to any entity pursuant to terms agreed upon by PTD. All Content on this Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by PTD or by third party Content providers (collectively "Providers"), that have licensed their Content or the right to market their products and/or services to PTD. Content on this Site or content controlled by the Providers is provided solely for your personal, non-commercial use. Such Content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by e-mail or other electronic means for commercial use without proper license agreements with PTD. Such use of the Content is considered theft and will be prosecuted.

8. Member Profile Content and Access.

The PTD site may allow you to post Content and other information to a Member profile, which may include but is not limited to, information about you, your teaching credentials, where you have taught, and your teaching experience.

PTD does not claim ownership of the Content that you post, upload, or input into your Member profile. However, by posting, uploading, inputting, or providing materials to your Member profile you are granting PTD a license (or permission) to use your materials in connection with the operation of our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials and to publish your name and country of residence in connection with your materials.

No compensation will be paid with respect to the use of Content of your Member profile, as provided herein. PTD is under no obligation to post or use any materials you may provide and it may remove any materials at any time in its sole discretion.

You represent and warrant that the posting of Content on your Member Profile does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any Content posted by you on or through your Member profile.

PTD HAS NO OBLIGATION TO MONITOR MEMBER PROFILES. HOWEVER, PTD RESERVES THE RIGHT TO REVIEW CONTENT POSTED AND TO REMOVE, EDIT, OR MOVE ANY CONTENT IN ITS SOLE DISCRETION.

PTD RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO YOUR MEMBER PROFILE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER.

You understand and agree that PTD shall not be held responsible for any attempt that may lead to your Member profile being compromised.

9. Private Tutor Tips™ Articles.

PTD may provide a service which allows you to post articles to your Member profile or for use as a Featured Tutor Tip which will be archived on the site and searchable by other users.

PTD does not claim ownership of the Content that you post, upload, or input into Private Tutor Tips™. However, by posting, uploading, inputting, or providing materials to Private Tutor Tips™ you are granting PTD permission to use your materials in connection with the operation of our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials and to publish your name and country of residence in connection with your materials.

No compensation will be paid with respect to the use of Content on Private Tutor Tips™, as provided herein. PTD is under no obligation to post or use any materials you may provide and it may remove any materials at any time in its sole discretion.

You represent and warrant that the posting of Content on Private Tutor Tips™ does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any Content posted by you on or through Private Tutor Tips™.

PTD HAS NO OBLIGATION TO MONITOR MEMBER PROFILES. HOWEVER, PTD RESERVES THE RIGHT TO REVIEW CONTENT POSTED AND TO REMOVE, EDIT, OR MOVE ANY CONTENT IN ITS SOLE DISCRETION.

PTD RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO YOUR MEMBER PROFILE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER.

You understand and agree that PTD shall not be held responsible for any attempt that may lead to your Member profile being compromised.

10. Use Restrictions.

By using this Site you warrant to PTD that you will not use this Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to software, products or services obtained from this Site.

11. Liability Disclaimer.

You use this Site at your own risk. Your use of the Content provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, FRIENDS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

12. Warranty Disclaimer.

You expressly understand and agree that this Site and the information and Content available through this Site are provided on an “as is” “as available” basis. PTD does not warrant that this Site will be uninterrupted or error-free, and PTD makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site. PTD expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information available through this Site are always subject to change.

13. Forums, Chat Areas, and/or Other Message or Communication Services.

PTD may provide Forums, Chat Areas, Blogs, and/or Message or Communication Services, collectively known as “Communication Services,” which are designed to enable you to communicate with others.

To access the Communication Services you are required to open an account. You must complete the registration process by providing PTD with current, complete and accurate information as prompted by the applicable registration form. To access the Communication Services you have been given a Username and a Password. You shall treat your Username and Password as private, confidential and personal and shall safeguard and maintain their confidentiality. You are entirely responsible for all activities that occur under your account. You agree to notify PTD immediately of any unauthorized use of your account or any other breach of security. Use by any other person or entity shall be considered theft. PTD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You shall be liable for any consequences that may result from unauthorized disclosure of your Username and Password, whether intentional, negligent or inadvertent, including but not limited to immediate termination of your PTD membership, termination of your Communication Service account and liability for liquidated damages. This obligation to maintain confidentiality shall survive the termination of this Agreement.

You agree to use the Communication Services only to post, send and receive messages, and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using the Communication Services you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. You agree to pay for all royalties, fees, and other monies owning any person or entity by reason of any Content posted by you on or through the Communication Services.Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party. You agree to pay for all royalties, fees, and other monies owning any person or entity by reason of any Content posted by you on or through the Communication Services.Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.Restrict or inhibit any other user from using and enjoying the Communication Services.Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.Harvest or otherwise collect information about others, including email addresses.Violate any applicable laws or regulations.Create a false identity for the purpose of misleading others.Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

PTD does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your materials you are granting PTD permission to use your materials in connection with the operation our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your name and country of residence in connection with your materials.

No compensation will be paid with respect to the use of your materials, as provided herein. PTD is under no obligation to post or use any materials you may provide and it may remove any materials at any time in its sole discretion.

PTD has no obligation to monitor the Communication Services. However, PTD reserves the right to review materials posted to the Communication Services and to remove, edit, move or close any topic or any materials in its sole discretion. PTD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

PTD shall not be held responsible for any attempt that may lead to the Communication Service data being compromised.

14. Changes to the Site.

PTD may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.

15. Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy. Please read it.

16. Jurisdictional Issues.

We operate and control our Site from our offices in New York, in the United States of America. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The parties agree to use the alternative dispute resolution procedure set forth herein as the sole means of resolving any disputes arising out of this TERMS OF USE and the rights and obligations of the parties hereunder. The parties will attempt in good faith to resolve any dispute arising out of or relating to this TERMS OF USE promptly and initially between the parties by negotiation. If a dispute is not resolved by negotiation, the parties agree to participate in at least four (4) hours of mediation in accordance with the mediation procedures established by the mediation services provider chosen by the parties in Westchester County, New York. The parties agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute. Any party to the dispute may give written Notice to the other parties of their desire to commence mediation and a mediation session must take place within thirty (30) days after the date such Notice is given. In the event the dispute is not resolved by mediation, the parties agree to arbitrate the dispute in accordance with the rules, processes and procedures of the American Arbitration Association office located in Westchester County, New York and if there is none, such other mutually agreeable arbitration service located in Westchester County, New York. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award or fails to comply with the arbitrator’s award the other parties are entitled to costs of suit, including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.

17. Miscellaneous.

PTD RESERVES THE RIGHT TO TERMINATE YOUR MEMBERSHIP FOR ANY VIOLATION OF THESE TERMS OF USE.

This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflict of law principles, thereof, and be limited to the exclusive jurisdiction and venue of the state or federal courts located in the county of Westchester, New York and shall benefit and be binding upon the parties hereto and their respective successors and assigns.

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.

Any failure by PTD to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

This Agreement may be modified only by our posting of changes to these Terms of Use.

Any inquiries regarding these Terms of Use should be directed to: privacy@privatetutordirectory.com.

18. Accepting the Terms.

In order to use this Site you must first agree to these Terms of Use. You may not use this Site if you do not agree to these Terms of Use.

Members can accept these Terms of Use by:

Clicking to accept or agree to these Terms of Use, where this option is made available to you by the Site, such as when you fill out the Member signup form, or input your Username and Password in the Member login screen. By clicking to accept or agree to these Terms of Use you represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and/or your organization. You further agree that your actions of clicking the check box constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you.

Actually using the Site. You understand and agree that PTD will treat your use of the Site as acceptance of these Terms of Use from that point forward. You agree that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and/or your organization.