Terms of Use

Effective Date March 17, 2020
Website user agreement for Study Wizards Tutoring, Inc., Henceforth referred to as “Study Wizards”.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING STUDYWIZARDS.COM WEBSITE, HENCEFORTH REFERRED TO AS THE “SITE”.

Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms of Use. If you do not wish to be bound by these Terms you may not access or the use the site and should immediately cease such use. Your sole remedy for any dissatisfaction with the Site or any Content is to stop using the Site.

If you are accessing the Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization. Study Wizards reserves the right to make changes to the Site and to these Terms at any time, without notice to you.. Any such modifications will become effective upon the date they are first posted to the Site.

GENERAL TERMS

Section 1 – Use of the Site

You are not permitted to use the Site or the services if you are under the age of 13. You represent that you are either over the age of 18 or an emancipated minor under the laws of your jurisdiction of residence or possess legal parental or guardian consent to perform your obligations under this agreement.

You agree not to use the Site to:

Upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, abusive, vulgar, obscene, libelous, invasive of another’s privacy, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity of Study Wizards;

Upload or otherwise transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as proprietary information or nondisclosure agreements);

Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Upload or otherwise transmit any Content that contains software viruses corrupted data, 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 or to interfere with or circumvent the security features of the Service or any related website;

Manipulate or otherwise display any content or pages of the Site by using framing or similar navigational technology;

Deep-link to the Site for any purpose or access the site in any manner to scrape, copy or monitor any portion of the site including its content;

To collect or track the personal information of others;

Violate any applicable local, municipal, provincial, national or international law;

Section 2 – Intellectual Property and Copyright

Study Wizards is the sole owner of the intellectual property and all Content on the site is covered by the copyright of the Site unless otherwise indicated. You may not modify, copy, reproduce, upload, repost, reprint, transmit, or distribute in any manner the material on the site. You may print and download content from the site solely for your personal, non-commercial use. No other use is permitted without prior written consent of Study Wizards Tutoring, Inc.

Section 3 – Trademarks

Study Wizards Tutoring Inc, .and Study Wizards and/or any other names belonging to Study Wizards, Tutoring Inc, or web site, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Study Wizards Tutoring, Inc, including the “look” and “feel” of the Site, color combinations, layout, and all other graphical elements. Any use of Study Wizards Tutoring, Inc. trademarks is strictly prohibited without the express permission from Study Wizards Tutoring, Inc…

Section 4 – Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, please click here.

Section 5 – Newsletters and Commercial Electronic Messages

You agree to receive newsletters containing news, updates and promotions regarding Study Wizards products or services. You can withdraw your consent by unsubscribing at any time.

Section 6 – Services

Tutors are independent contractors and are responsible for and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide.

Students and their families are responsible for selecting the right tutor for their needs.

IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS ARE REQUIRED TO BE SUPERVISED BY A RESPONSIBLE ADULT IF TUTORING IS AT HOME.

Section 7 – External Sites and Links

The Site may provide, links to External sites or resources. Because Study Wizards. has no control over such site and resources, you acknowledge and agree that Study Wizards 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. You also acknowledge and agree that Study Wizards does not, and cannot warrant that External Sites will not contain viruses or otherwise impact your computer. You further acknowledge and agree that Study Wizards shall 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.

Section 8 – Disclaimer of Warranties, Limitations of Liability

Study Wizards does not guarantee the accuracy, timeliness, completeness or suitability of the Content. It is provided for general information only. Any reliance on the Content on the Site is at your own risk. Study Wizards will not be liable in any way for any Content, 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 the Site or any Content. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

We do not guarantee, represent or warrant that your use the Site will be uninterrupted, timely, or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing procedures to satisfy your own internet and computer security needs and requirements including any possible need for the reconstruction of any lost data.

We do not guarantee, represent or warrant that your use the Site will be uninterrupted, timely, or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing procedures to satisfy your own internet and computer security needs and requirements including any possible need for the reconstruction of any lost data.

To the maximum extent permitted by law, Study Wizards and its Directors, Officers, Employees, Agents and Affiliates shall not be liable to you or anyone else for any damages or injury including without limitation, loss of business or profits, loss of data, computer viruses, technical hardware or software failures, or lost or unavailable network connections arising from your use or inability to use the Site or the Content, services, or hyperlinks (or “Links”) made available on the Site even if Study Wizards has been advised of the possibility of such damages.

You understand and agree that Study Wizards has no control over the acts or omissions of any user on and off the Site and that Study Wizards makes no representations or warranties about the quality of the services provided by any user. You understand and agree that Study Wizards is not responsible for the performance or conduct, whether on or off the Site, of any user, as such Study Wizards expressly disclaims, and each user expressly releases Study Wizards and its Directors, Officers, Employees, Agents and Affiliates from, any and all liability whatsoever for any controversies, claims, suites, injuries, and/or damages, arising from and/or in any way related to the Site, including without limitations any acts and/or omissions of users on or off the Site.

Section 9– Indemnification

You agree to indemnify, defend and hold harmless Study Wizards and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

Section 10 – Entire Agreement

These Terms constitute the entire agreement between you and Study Wizards relating to their subject matter and use of the Site or the Service, and cancels and supersedes any prior contemporaneous agreements, proposals, and communications, written or oral between you and us. Any rights not expressly granted herein are reserved.

Section 11 – Assignment

You may not assign or otherwise transfer the Terms or any right granted hereunder without Study Wizards prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.

Section 12 – Severability

If any provisions of these Terms is held to be unlawful, invalid or unenforceable, the parties agree that such provision will be enforceable to the fullest extent permitted by applicable laws or regulation or if necessary replaced with a new provision that accomplishes the original business purpose and the remaining provisions of the Terms shall remain in full force and effect. 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.

Section 13 – Termination

Study Wizards 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 may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Study Wizards of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.

Section 14 – Governing Laws

This Agreement shall all be governed and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Study Wizards and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a municipal, provincial or federal court of competent jurisdiction as Study Wizards selects in its own discretion sitting in the City of San Jose, Santa Clara County, California (and of the appropriate appellate courts therefrom) and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit.

The prevailing party shall be entitled to recover its attorney’s fees and court costs, together with any relief awarded by a court of competent jurisdiction. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Section 15 – Contacting Us

If you have any questions regarding this Terms of Use Statement or regarding any other matter please contact us using either the contact form or write to us at P.O. Box 1773, San Mateo, CA 94401.