Mandarin Tots Tutoring Service Agreement
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By using (viewing information, ordering, or taking any other action involving our website) our website (https://www.mandarintots.com/), you agree to abide by these Terms of Service and Terms and Conditions of Sale.
1. User’s Acknowledgment and Acceptance of Terms
Mandarin Tots (“Us” or “We”) provides the mandarintots.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
By using this site, you agree to be bound by these terms of service. If you do not wish to be bound by the these terms of service, please exit the site now. Your exclusive remedy for dissatisfaction with this site, or any products, services, content, or other information available on or through this site, is to stop using the site and/or those particular products or services. Your agreement with us regarding compliance with these terms of service becomes effective immediately upon commencement of your use of this site.
We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site and/or its services and/or products after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to our “Affiliates” include our owners, heirs, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, tutoring services, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We may conduct such modifications to our site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the site for security, legal or other purposes. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.
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3. Intellectual Property Information
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Mandarin Tots and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Mandarin Tots or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Mandarin Tots or its Affiliates.
4. Disclaimer of Warranties
All materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from mandarin tots or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products or services listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
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You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
Mandarin Tots makes no guarantee regarding the quality of the services rendered directly or indirectly through our website. Our aim is to assist you with studying the subject or subject matter of your choice by connecting you with tutors. It is unlikely that the tutor will present every session with complete accuracy. By ordering our services, you recognize that tutoring is a subjective undertaking and that the tutors are capable of making and missing errors. If you use any version of your study plan or materials for any purpose (e.g., exam preparation, assignment submission, publication, etc.), you acknowledge that you—and not us —fully accept the financial and other consequences of any such errors.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
5. Limitation of Liability
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.
Further, we shall not be liable in any way for third party goods and services offered through this site. You understand and agree that the service providers to whom you may be connected through our site are in no way affiliated with our site, and we make no representation about the fitness or qualifications of such service providers.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
6. Indemnification
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
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7. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in your country, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
8. Governing Law and Arbitration
This site (excluding any linked sites) is controlled by us from our offices within New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York.
All claims and disputes arising under or relating to these Terms of Service are to be settled by binding arbitration in the State of New York. In any such proceeding, Mandarin Tots, in its sole discretion, shall choose the arbitrator or arbitration panel. An award of arbitration may be confirmed in a court of competent jurisdiction.
9. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
10. Miscellaneous
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
If you provide positive feedback about our work, you grant us permission to use your comment or a summary of your comment in our promotional materials unless you tell us otherwise.
At no time shall you make direct payment to Mandarin Tots’ staff members, employees, contractors, tutors, or affiliates. All payments for services must be made via a Mandarin Tots’ invoice. Instances of direct payment to Mandarin Tots’ staff members, employees, contractors, tutors, or affiliates will expose you to a minimum liability of 100 times the value of the direct payment(s) made.
We may, from time to time, post anonymized statements about past work with students on mandarintots.com and/or within Mandarin Tots’ promotional materials. These statements are representative and do not constitute a guarantee or representation of similar results.