Updated: January 29, 2024
We welcome you! It is our pleasure to provide the TUTORINGEZ services described below for your personal enjoyment and entertainment in accordance with this Subscriber Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.
For detailed information on how to cancel your subscription, see Section 2(e) below.
TUTORINGEZ, LLC, located in Dover, DE 19904 (“TUTORINGEZ”) is referred to in this Agreement as “we”, “us” and “our”. The “Services” include the TUTORINGEZ website, application, video player and related software, associated content, and other services, in any media format or channel, now known or hereafter devised. References to the Services also include any elements of the Services.
Use of the Services is subject to compliance with this Agreement. By accessing or using the Services (including by visiting the TUTORINGEZ site or by downloading or launching the TUTORINGEZ application), you accept and agree to this Agreement. For clarity, it may be necessary to agree to additional terms and conditions to continue use of the Services. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement. If you do not agree to this Agreement, you may not use the Services.
We may amend this Agreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Services. If you do not agree to any change to this Agreement, you must discontinue using the Services. Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the United States are eligible to register for a TUTORINGEZ account. If you are under the age of 13, you are not permitted to register for a TUTORINGEZ account. Please note that age requirements for purchase of and access to certain Services may vary. The Services are provided to individuals for their personal, noncommercial use only. Companies, commercial establishments, associations and other groups may not register for a TUTORINGEZ account or use the Services.
c. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of the information you provide.
2. SUBSCRIPTION TERMS
a. Service Tier and Other Offerings. When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings, such as Add-ons, other bundles, may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability.
b. Subscription Billing and Auto-Renewal. Your subscription to the Services includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period unless canceled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless canceled. When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including (i) if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), or (ii) due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
c. Free Trials and Promotions. Your subscription to the Services may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the Service Tier selected, how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
d. Cancellation and Refund Policy. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT BILLING PERIOD, FREE TRIAL OR PROMOTION. CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT BILLING PERIOD UNLESS OTHERWISE DISCLOSED. IF YOU CANCEL, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR CURRENT BILLING PERIOD, UNLESS YOU ARE SUBSCRIBED THROUGH A FREE TRIAL, PROMOTIONAL CODE OR OTHER CREDIT, IN WHICH CASE CANCELLATION MAY BE EFFECTIVE IMMEDIATELY. IF YOU MODIFY YOUR SUBSCRIPTION TO SWITCH FROM ONE SERVICE TO ANOTHER SERVICE DURING YOUR BILLING PERIOD, YOU MAY NOT HAVE CONTINUED ACCESS TO YOUR ORIGINAL SERVICE. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO 11:59 P.M. EASTERN TIME ON THE DAY BEFORE YOUR NEXT RECURRING BILLING DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT BILLING PERIOD. WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED BILLING PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION. IF YOU CANCEL, IF YOUR SUBSCRIPTION IS CANCELLED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD, OR IF YOU SWITCH YOUR BILLING TO A THIRD-PARTY, YOU WILL FORFEIT ANY SERVICE, REFERRAL, OR REDEEMED GIFT CARD CREDITS. TO CANCEL YOUR SUBSCRIPTION TO THE SERVICES, LOG INTO YOUR TUTORINGEZ ACCOUNT AND FOLLOW THE INSTRUCTIONS ON YOUR ACCOUNT PAGE. IF YOU SUBSCRIBED VIA A THIRD PARTY (E.G. ITUNES, GOOGLE PLAY, AMAZON, OR ROKU),
e. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge to your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your TUTORINGEZ subscription.
f. Subscriptions Obtained Through Third Parties. If you obtain a TUTORINGEZ subscription via a third party (e.g., an app store), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your subscription to the Services will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a subscription to the Services obtained via a third party, please follow the cancellation instructions set out by the applicable third party. You can visit our Help Center for instructions on how to cancel a subscription to the Services obtained via a third party.
h. Additional Content. From time to time, we may offer the opportunity to watch Content that is not included in your Service Tier. For example, subscribers to a Service Tier that is otherwise limited to on-demand streaming may be able to watch certain live Content. We offer this additional Content on a promotional basis and retain sole discretion regarding the availability of the Content, eligibility to watch the Content, and requirements to access the Content.
m. Account Sharing. Account sharing is strictly prohibited. Sharing access to an account may result in account restrictions and/or account termination.
I. We may, in our sole discretion, analyze the use of your account to determine compliance with this Agreement. If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Service and/or take any other steps as permitted by this Agreement (including those set forth in Section 6 of this Agreement).
j. Linked Destinations and Advertising. If we provide links or pointers to other websites or destinations, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination.
k. We are not responsible for the content or practices of any website or destination other than the TUTORINGEZ site, even if it links to the TUTORINGEZ site and even if the website or destination is operated by a company affiliated or otherwise connected with TUTORINGEZ. By using the Services, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the TUTORINGEZ site.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the United States and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
Install and make non-commercial, personal use of the Services;
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in s