PLEASE BE SURE TO THOROUGHLY READ THE TERMS OF USE PRIOR TO USING 911TUTOR. 

911Tutor Terms of Use Agreement is a contract between you and 911Tutor when you use 911Tutor’s site, services and products. We've tried to keep this Agreement as readable and straightforward as possible.  If you have any questions or suggestions of ways to improve this Agreement, feel free to email.

        

 1. ACCEPTANCE OF TERMS OF USE

    Please read the Terms of Use, Privacy Policy and other guidelines (the “Agreement”) before using www.911Tutor.com (the “Site”), and/or the other domains, products, services, content provided by 911Tutor (all of those collectively with the Site, the “Services”) (911Tutor,   a Maryland-based partnership, collectively with its agents, employees, officers and directors,“911Tutor,” “we,” or “us”).  By using the Site in any way, you (“User”) agree to comply with all terms and conditions of the Agreement.  This is the entire and only Agreement.  

  2. MODIFICATIONS TO TERMS OF USE

 911Tutor is constantly seeking ways to grow and improve the Site and Services.  Therefore 911Tutor reserves the right, in its sole discretion, to modify this Agreement at any time without notice.  It is your responsibility to review and familiarize yourself with any modifications to this Agreement.  The latest Agreement will be posted on the Site, and you should review  Agreement prior to use of the Site.

 3. PRIVACY

Any information you provide to 911Tutor is subject to 911Tutor’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

4. CONTENT AND USER CONTENT

Pursuant to this Agreement, “Content,” includes, but is not limited to data, information, audio, video, photographs, images, animations, logos, tools, illustrations, text, written posts, replies,comments, data, software, scripts, executable files, graphics, interactive features, graphics, video,any of which may be generated, provided, or otherwise made accessible on or through the

Services.  “User Content” is all Content that is uploaded, posted, stored or otherwise provided ortransferred to the Services by a User (including, without limitation, by you); and Content also includes, without limitation, all User Content.

Ownership

All materials and services accessible and furnished by or through 911Tutor, the Site, its employees, licensors, agents, affiliates, subsidiaries, or other commercial partners including, but not limited to, site layout and design, all informational text, documents, photographs, graphics, audio, online messaging (email), screen-sharing, all white board tools, rating system, resource

page/blog, profile, tutor search page, chat room, calendar, interactive and design functions, files,or other materials, whether publicly posted or privately transmitted as well as all byproducts thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and

other intellectual property laws.  All 911Tutor trademarks and service marks, logos, slogans and taglines are the property of 911Tutor.  All other trademarks, service marks, logos, slogans and taglines are the property of their particular owners.  Except as otherwise specifically provided herein, nothing should be implied as granting any license or right to use any trademarks, service

marks, logos, slogans or taglines displayed on 911Tutor without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Users retain ownership of all intellectual property rights in their User Content, and 911Tutor and/or third parties retain ownership of all intellectual property rights in all Content other than User Content.

Content License to You  

As a User of the service, 911Tutor grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through User Identification provided by 911Tutor (“UserID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement.  This license does not permit you, and you agree not to: copy,store,republish, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan,sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble,decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.  You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement.  Any use of the Materials for any reason other than as specifically

permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited.  We further reserve all rights not expressly granted in this Agreement. We will supply you with one User ID for each account held by you, thereby allowing you access to the Materials on one computer at a time through the Site.  You agree to completely and

correctly furnish the information we requested when setting up your account and to regularly update such information.  Your failure to do the aforementioned may result in the cancellation of your account and loss of Services.  Further, you agree not to provide your User ID to anyone who is not your employee and to ensure all individuals permitted to use the User ID knows and

has agreed in writing to abide by the terms of this Agreement.

Content License to 911Tutor  

You retain ownership of any intellectual property rights that you hold in that Content.  You are legally responsible for your Content.  911Tutor is not responsible for your Content.  When you upload or submit to our Services, you hereby grant 911Tutor (and those we work with) a worldwide, royalty-free, non-exclusive license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt  (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and use the Content in

order to provide you with the Services and hereby represent and guarantee that you have all the rights necessary to grant us such license.  You are responsible for any Content that may be lost or unrecoverable through your use of the Services.  This license continues even if you stop using our Services.  

 6. ACCESS TO OTHER ACCOUNTS AND SERVICES

Our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you furnish us with this information or grant access to these third party accounts you agree that you have reviewed and read all contracts and written agreements governing such access, login information, and passwords.  You further represent that you have all requisite contractual and legal rights to give us such access, login information and passwords.

7. COMMENTS AND SUGGESTIONS

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Suggestions”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Suggestions as we deem appropriate, for any and all commercial and/or

non-commercial purposes, in our sole discretion.

8. COPYRIGHT COMPLAINT POLICY

 If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints.  Please see our Copyright Complaint Policy for further information.

9. COMPLIANCE WITH RULES

You agree you won’t post User Content that violates, or otherwise use your Account in ways that violate 911Tutor’s Rules.  You agree to all of the following rules:

A. You hereby certify that you are at least eighteen (18) years of age.

B. If you are using the Site and Service through a campus, you hereby certify that you are a college student.

C. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.

D. You will not bully minors, meaning you will not use abusive language and/or threats of physical harm to intimidate a person either orally or in writing.

E. You will only meet in a location pre-approved by the campus or a public location for in-person tutoring.

F. You will not disclose your residential, current or temporary address with another User.

G. You will follow the Meeting guidelines.

H. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.

I. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

J. You will not use the Services or Materials to impersonate another person.

K. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by 911Tutor without our express written permission.

L. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.  You will not put deceptive links or dubious codes in your posts.

M. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any 911Tutor user to access the Services.

N. You will not access the Services through automated methods.  The Services may only be

used or accessed through an electronic device through manual control at all times.

O. You may not upload individual files larger than 20MB.

P. You may not send messages using the Services, which do not correctly identify the sender

nor may you, alter the attribution of origin in electronic mail messages or postings.

Q. You will not share your password, let anyone else access your account, or do anything that

might jeopardize the security of your account. You will not attempt to or actually access the

Services or Materials by any means other than through the interfaces provided by 911Tutor.

R. You will not attempt to or actually override any security component included in or

underlying the Materials or Services.

S. You will not attempt or engage in any action that directly or indirectly interferes with the

proper working of or places an unreasonable load on 911Tutor’s infrastructure.

T. You will not register accounts or post content automatically, systematically, or

programmatically.

U. You will not upload, generate or publish content that:

a. Involves pornographic, sexually explicit, or violent material.

b. Relates to minors, which is sexually suggestive or violent.

c. Promotes violence or extreme hatred against individuals or groups, on the basis of

race, ethnic origin, religion, disability, gender, age, veteran status, or sexual

orientation.

d. Illegal (including stolen copyrighted material and material that infringes or has the

potential to infringe the intellectual property rights of another).

e. Reasonably likely to cause harm, or that could be reasonably considered as

slanderous or libelous.

f. Encourages or honors self-harm, including content that embraces committing suicide.

g. Breaches another’s privacy.

h. Is Spam, machine- or randomly-generated, and/or contains unethical or unwanted

commercial content designed to drive traffic to third party sites or boost the search

engine rankings of third party sites, or to further unlawful acts (such as phishing), or

mislead recipients as to the source of the material (such as spoofing).

V. You verify that your country of residence is the same as your billing address.

W. If we determine you are in violation of any of these policies, this may result in you receiving

an email notifying you of this violation.  You may be given the opportunity to fix or explain

this behavior prior to any potential suspension of your account.  The offending user may be

permanently restricted from holding an account or using the Services.  If 911Tutor

reasonably determines that your account is being used for illegal or fraudulent activity then

your account may be immediately terminated and your financial data erased.  We may also

report you to law enforcement officials in the appropriate jurisdictions.  We reserve the right

to enforce, or not enforce, these policies in our sole discretion, and these policies do not

create a duty or contractual obligation for us to act in any particular manner.

10. SELLING THROUGH 911TUTOR

911Tutor may offer you the opportunity to sell or purchase tutoring services through the Site

(such goods and services, “Commercial Products”).  We are merely providing the platform for

tutors and those seeking tutor services to negotiate and complete transactions for these

Commercial Products.  When a User purchases Commercial Products, payments will be

processed through our third party payment service provider.  Users of Commercial Products will

be provided a notice when entering their payment information directing them to the third party

payment service provider’s terms of use and privacy policy.  The third party provider’s terms

of service and privacy policy solely governs these payment services.  We are not responsible for

the actions of these third party service providers.  In addition to the other rules and requirements

described in this Agreement, you must follow the rules listed below when offering, selling or

purchasing Commercial Products.

A. You may not offer or sell illegal or potentially illegal Commercial Products, including those

that are counterfeited, stolen or fraudulent.  Commercial Products sold using the Services

must comply with all applicable laws, including Commercial Products sold to individuals

outside of the U.S.  Items identified, as “not for distribution within the United States” may

not be sold using the Services.

B. You may not offer or sell Commercial Products that infringe or have the potential to infringe

the intellectual property rights or proprietary rights of another.

C. You may not offer or sell any Commercial Products that we, in our discretion, determine are

inappropriate, offensive, pornographic, sexually explicit or violent.

D. You may not offer or sell any Commercial Products that are manufactured as, or primarily

intended to be used as, weapons, including firearms, restricted devices or ammunition.  We

reserve the right to determine, in our sole discretion, whether Commercial Products

constitutes “weapons” for purposes of this Agreement.  

E. You may not offer or sell any Commercial Products that infringe upon or have the potential

to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise

defamatory.

F. You may not use images or names of any third party (including notable personalities or

celebrities) when offering or selling Commercial Products without first obtaining that third

party’s permission.

Without limiting anything else in this Agreement, we may immediately remove Content related

to the offer or sale of Commercial Products in violation of this Agreement.  If you sell a

Commercial Product using our Services, then you must, upon our request: use commercially

reasonable efforts to stop the delivery of the Commercial Products to the buyer, or pay a refund

for such Commercial Products to the buyer.

11. FEES

You may choose to sell your tutoring service to User(s).   All fees are stated in United States

dollars.   You agree that if you choose to sell your tutoring service, you will pay 911Tutor a 20%

processing fee each time you charge for your tutoring service.  You expressly authorize we will

charge you (i) 20% processing fee, (ii) any other Fees for Services you may purchase, and (iii)

any applicable taxes in connection with your use of 911Tutor to the payment card you provide

and to reimburse us for all collection costs and interest for any overdue amounts.  If the payment

card you provide expires and you do not provide new payment card information or cancel your

account, you authorize us to continue billing you and you agree to remain responsible for any

uncollected Fees.

12. TERMINATION

A. Services may be terminated by us, without cause, at any time.

B. Services may be terminated by you, without cause, by notifying us.  

C. 911Tutor may terminate Services at any time, without penalty, without liability and without

notice, if you fail to comply with any of the terms of this Agreement or the intellectual property

protections applicable to these Services.

D. Notice of termination of Services 911Tutor may be sent to the contact e-mail associated with

your account.  Upon termination, 911Tutor has the right to delete all data, files, or other

information that is stored in your account.

13. ERRORS AND ACCESS TO SITE

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF

ALL DATA AND CONTENT WITHIN YOUR PROFILE; INCLUDING TUTOR PRICING,

TUTOR DESCRIPTION, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND

ELECTRONIC PAYMENT PROCESSING.  911TUTOR WILL NOT BE HELD

RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES

CAUSED BY SUCH INACCURACIES.  YOU FURTHER UNDERSTAND THAT 911TUTOR

MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU

AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.

14. THIRD PARTY WEBSITES; NO IMPLIED ENDORSEMENT

The Site may contain links to other web sites owned by third parties.  All rules, terms and

conditions, other policies (including privacy policies) and operating procedures of third-party

linked websites will apply to you while on such websites.  We are not responsible for the

content; accuracy or opinions expressed in such Websites, and such Websites are not

investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked

Website on our Site does not imply approval or endorsement of the linked Website by us.  This

Site and the third-party linked websites are independent entities and neither party has authority to

make any representations or commitments on behalf of the other.  If you decide to leave our Site

and access these third-party linked sites, you do so at your own risk.

You agree that we shall not be responsible for any loss or damage of any sort incurred as a result

of any such links or as the result of the presence of such links on the Site.  

15. DISCLAIMER OF WARRANTY

THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,”

“WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,

911TUTOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED

WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING,

NEITHER 911TUTOR NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE,

THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE

WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE

CORRECTED; NOR DOES 911TUTOR OR ITS LICENSORS MAKE ANY

REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,

COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR

SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE.  YOU EXPRESSLY

AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES

AND/OR THE MATERIALS IS AT YOUR SOLE RISK.  IN ADDITION, 911TUTOR IS NOT

RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE

DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR

TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH

THE SITE TO ANYONE.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION,

CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION

WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE,

EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS.  THE

SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE.  YOU ARE RESPONSIBLE

FOR OBTAINING SUCH ADVICE.

FURTHER, 911TUTOR AND ITS LICENSORS MAKE NO REPRESENTATION OR

WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE

APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.  IF YOU

USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES

OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL

APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT

REGULATIONS OF OTHER COUNTRIES.  NEITHER 911TUTOR NOR ANY THIRD

PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS

SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE

SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS.

16. RELEASE FROM LIABILITY

You release, to the fullest extent permitted by law, 911Tutor, its directors, officers, shareholders,

employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility,

liability, claims, demands, and/or damages (actual and consequential) of every kind and nature,

known and unknown, arising out of or in any way connected with the following:

A. Disputes between Users, including those between you and other Users.

B. Third party sites and services, including content found on such sites and services.

C. Disputes concerning any use of or action taken using your Account by you or a third party.

D. Claims relating to the unauthorized access to any data communications or Content stored

under or relating to your Account, including unauthorized use or alteration of such

communications or your Content.

Claims relating to in any way to any face-to-face meetings in any way related to 911Tutor at any

venues ("Meetings"), including without limitation claims related to the actions or omissions of

any 911Tutors or third parties who organize, attend, or are otherwise involved in any Meetings

(review our Meetings page for more information).  911Tutor does not sponsor, oversee, or in any

manner control Meetings.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 911TUTOR, ITS

DIRECTORS, PARENTS, TRUSTEES, AFFILIATES, LICENSORS, OFFICERS,

SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS,

SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY

OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION

ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR

SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY,

LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA

ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH

USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE

COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT

AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH

OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE,

EVEN IF 911TUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE 911TUTOR AND HOLD 911TUTOR, ITS DIRECTORS,

PARENTS, TRUSTEES, AFFILIATES, LICENSORS, OFFICERS, SHAREHOLDERS,

EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR

DISTRIBUTORS, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND

DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION,

ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND

UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES,

MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD

PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGHTHE SITE.  YOU

HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR

PROHIBITING A GENERAL RELEASE.

18. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE

MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO

CEASE USING THE SITE, THE SERVICES AND THE MATERIALS.  UNDER NO

CIRCUMSTANCES SHALL 911TUTOR, ITS AFFILIATES, OR LICENSORS BE LIABLE

IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR

CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED

CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED

TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL

PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF

THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL

PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILBALE ON

OR THROUGH THE SITE.  Certain states and/or jurisdictions do not allow the exclusion of

implied warranties or limitation of liability for incidental or consequential damages, so the

exclusions set forth above may not apply to you.

19. TERMINATION/EXCLUSION

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or

entirely, or add, change and modify prices for all or part of the Services for you or for all our

Users at any time and in our sole discretion.  All of these changes shall be effective upon their

posting on the Site or by direct communication to you unless otherwise noted.  We further

reserve the right to withhold, remove and or discard any content available as part of your

account, with or without notice if deemed by us to be contrary to this Agreement.  For avoidance

of doubt, 911Tutor has no obligation to store, maintain or provide you a copy of any content that

you or other users provide when using the Services.

20. INDEMNIFICATION

You agree to indemnify, defend and hold 911Tutor and its licensors, our officers, suppliers,

officers, directors, employees, our share holders, our partners, attorneys, affiliates, subsidiaries,

successors, assigns and agents (“Indemnified Parties) harmless from any and all liability, loss,

damages, claim and expense, including, but not limited to reasonable attorney's fees, related to

any claim arising from or related to: your use (or anyone using your account’s) use of the

Services, the Site or  the Materials; your Content; or any Commercial Products you offer on or

through the Site or using our Services.  This includes, but is not limited to, any breach or

violation of this Agreement by you or anyone utilizing your account.  You agree to fully

cooperate at your expense as reasonably required by an Indemnified Party.  Each Indemnified

Party may, at its election, assume the defense and control of any matter for which it is

indemnified hereunder.  You shall not settle any matter involving an Indemnified Party without

the consent of the applicable Indemnified Party.

21. AMENDMENTS

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at

any time.  It is your responsibility to check this Agreement periodically for changes.  Your

continued use of or access to the Services following the posting of any changes to this

Agreement constitutes acceptance of those changes.  We may also, in the future, offer new

services and/or features through Site (including, new features on the site and services).  Such

new features and/or services shall be subject to the terms and conditions of this Agreement.

22. LEGAL DISPUTES

You and 911Tutor agree that we will resolve any claim or controversy at law or equity that arises

out of this Agreement or the Services in accordance with this Section or as you and 911Tutor

otherwise agree in writing.  Before resorting to litigation, we strongly encourage you to contact

us directly to seek a resolution.

The formation, interpretation and performance of this Agreement and any disputes arising out of

it shall be governed by the substantive and procedural laws of the state of Maryland without

regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the

United States of America.  The exclusive jurisdiction and venue for actions related to the subject

matter hereof shall be the state and federal courts located in Montgomery County, MD and you

hereby submit to the personal jurisdiction of such courts.  You hereby waive any right to a jury

trial in any proceeding arising out of or related to this Agreement.  

23. PRIVACY

We encourage you to read the Privacy Policy, and to use the information it contains to help you

make informed decisions.  Please also note that certain information, statements, data and content

(such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin,

nationality, age, and/or other personal information about you.  You acknowledge and agree that

your submission of such information is voluntary on your part.  Further, you acknowledge,

consent and agree that we may access, preserve, and disclose your registration and any other

information you provide if required to do so by law or in a good faith belief that such access

preservation or disclosure is reasonably necessary in our opinion Disclosures of user information

to third parties are further addressed in the Privacy Policy.

24. OTHER

You acknowledge that a violation or attempted violation of any of this Agreement will cause

damage to 911Tutor as will be irreparable, the exact amount of which would be impossible to

ascertain and for which there will be no adequate remedy at law.  Accordingly, you agree that

911Tutor shall be entitled as a matter of right to an injunction issued by any court of competent

jurisdiction, restraining such violation or attempted violation of these terms and conditions by

you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and

expenses sustained or incurred by 911Tutor in obtaining such an injunction, including, without

limitation, reasonable attorney's fees.  You agree that no bond or other security shall be required

in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or

restrain the operation of 911Tutor, the exploitation of any advertising or other materials issued in

connection therewith, or the exploitation of the Site or any content used or displayed through the

Site.

25. MISCELLANEOUS

This Agreement, as modified from time to time, constitutes the entire agreement between you

and 911Tutor with respect to the subject matter hereof.  This Agreement replaces all prior or

contemporaneous understandings or agreements, written or oral, regarding the subject matter

hereof and constitutes the entire and exclusive agreement between the parties.  The failure of

either party to exercise in any respect any right provided for herein shall not be deemed a waiver

of any further rights hereunder.

A. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall

be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise

remain in full force and effect and enforceable.

B. If we fail to enforce any of this Agreement, it will not be considered a waiver.

C. Any amendment to or waiver of this Agreement must be made in writing and signed by us.

D. You will not transfer any of your rights or obligations under this Agreement to anyone else

without our prior written consent.

E. All of our rights and obligations under this Agreement are freely assignable by us in

connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

F. This Agreement does not confer any third party beneficiary rights.

G. A printed version of this Agreement and of any related notice given in electronic form shall

be admissible in judicial or administrative proceedings based upon or relating to this Agreement

to the same extent and subject to the same conditions as other business documents and records

originally generated and maintained in printed form.