If You purport to be the representative of another person or otherwise act on behalf of an entity or any other person, references to “You,” “Your” or “User(s)” shall include You individually and any such entity or person that you represent, in which case You further represent that You are in fact an authorized representative of such entity or other person, that You have the authority to bind such entity or other person to these Terms, and that Your acceptance of these Terms constitutes acceptance on behalf of such entity or person.
Your access to and use of the Smart Alec Services is conditioned on Your acceptance of and compliance with these Terms, and in accessing or using the Smart Alec Services You agree to these Terms, and to Your use of the Smart Alec Services in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. To the extent that anything on the Site or in any other document provided by Smart Alec is in conflict or inconsistent with these Terms, these Terms shall control. Please also note that as the Smart Alec Services update over time, We reserve the right to revise these Terms at any time, and such modifications will become effective immediately upon posting to the Site. Your continued use of any part of the Smart Alec Services constitutes your agreement to the Terms as revised, and You agree to periodically review the current version of these Term as posted on the Site.
Smart Alec grants you a license (which may be revoked at any time for any reason or no reason) to use the Smart Alec Services, subject to and in accordance with these Terms, and solely for your own personal, non-commercial use (except as provided herein with respect to Tutors’ use of the Smart Alec Services).
In using the Smart Alec Services, You are required to create an account with Smart Alec, must provide Us accurate information (including Your name), and create a user ID and password. Be sure to secure Your ID and password to ensure that no impermissible access to your account is gained through the loss or other compromise of your ID and password. Smart Alec is not responsible in any way for any lost ID and password and a resulting unauthorized access to your Smart Alec account.
Smart Alec provides the Smart Alec Services to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”). The Smart Alec Services offer a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Through the Smart Alec Services, Students can retrieve information about Tutors, and can connect with Tutors to schedule live, one-to-one tutoring and other learning and support services.
You acknowledge and agree that the Smart Alec Services are provided for the purpose of facilitating learning, and that Smart Alec invests considerable resources in selecting, assessing and connecting Tutors to Students. Therefore, You agree, as a Student and/or Tutor, that unless permitted to do so in writing by Smart Alec, You will not engage privately in providing, receiving or otherwise facilitating any tutoring services with other Users with whom You have previously engaged through the Smart Alec Service. You further agree not to use the Smart Alec Services to inquire about the hiring of or to hire tutors to complete assignments, write papers or otherwise do academic work on Your behalf, or for any other purpose in violation of any law, regulation, or policies of any academic institution or workplace.
As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons, and Students are responsible for selecting the right Tutor for their needs. In making Tutor hiring decisions, Students should review and investigate each Tutor's self-reported credentials, education and experience, as well as reviews from other Students. Smart Alec is not responsible for the quality, suitability, timeliness or performance by any Tutor, or for the quality, accuracy and/or usability of any materials offered by any Tutor with respect to tutoring services provided by any Tutor engaged through the Smart Alec Services. While We will make an ongoing reasonable effort to ensure that the Smart Alec Services are available for use by Tutors and Students at all times, by using the Smart Alec Services You understand and agree that We do not guarantee or warrant such availability at all times.
As independent contractors, tutors select their own hourly rates from the offered rate tiers, which may vary by location. Tutors are also responsible for their own transportation and material costs, as well as any time spent planning lessons.
As part of the Services, we interview each prospective Tutor and thoroughly review prospective Tutors’ credentials. While we make a reasonable effort to verify Tutors’ information and credentials, We do not control, and are not responsible for, the accuracy of information provided by Tutors, nor do We endorse or make any representations or warranties regarding the reliability of information provided by Tutors.
Tutors are not permitted to meet in person with a minor student in a private home unless another adult is present during the entire session. If a Tutor arrives for a session and an adult is not present, the Tutor will not be able to conduct the session, the session will be considered cancelled without adequate notice and the Student will be charged for the session. If the other adult leaves in the middle of a session with a minor student, the Tutor will also leave at that time, and You will be charged for the entire session. Tutors may meet in person with minor students in public locations, such as a library or coffee shop, without another adult present.
You may only access the Site and use the Smart Alec Services for lawful purposes, in compliance with these Terms. You understand and agree that You are solely responsible for the knowledge of, and compliance with any and all laws, rules, and regulations pertaining to Your use of the Smart Alec Services. Specifically, You are not permitted to use any part of the Smart Alec Services if you are under 13 years old.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Smart Alec Services (“User Content”). Smart Alec reserves the right to edit or remove User Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary, and any use of the Site that Smart Alec, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. In using the Smart Alec Services, You specifically agree not to upload to, distribute through, or otherwise publish through the Smart Alec Services any content that You do not have the right to transmit, that is damaging to Smart Alec or any other person, that is illegal under any law or regulation, or that is otherwise libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, offensive, violent, otherwise objectionable, or that could constitute or encourage a criminal offense, violation of rights of any party, or otherwise give rise to liability or violate any law, including without limitation intellectual property rights or rights of privacy or publicity, privacy rights of any person, or files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network. You further agree to provide accurate, current, and complete information about You as may be prompted by a registration form on the Site (“Registration Data”), to maintain the security of your password and identification, to maintain and promptly update the Registration Data and any information You provide to Smart Alec, and to accept all risks of unauthorized access to information and Registration Data.
You further agree not to take any action that would undermine any aspect of the Smart Alec Services; attempt to gain unauthorized access to the Smart Alec Services, other User accounts, or other device, computer system or networks connected to the Smart Alec Services; advertise or offer to sell any goods or services for any commercial purpose Site that are not appropriate or relevant to the Smart Alec Services; impersonate another person or allow any other person or entity to use Your user ID, password or membership; post the same content repeatedly or spam others; access, download, or copy any information, content and/or materials from the Smart Alec Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means); reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content through the Smart Alec Service; or improperly restrict or inhibit any other User from using and enjoying the Smart Alec Services.
By using the Smart Alec Services You represent and warrant that you currently meet, and will continue to meet, the following eligibility conditions (“Eligibility Conditions”) for as long as You use the Smart Alec Services: (a) You have and will at all times comply with all applicable laws and regulations; (b) You have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither You, nor anyone in Your home has been convicted of a criminal felony or misdemeanor which in any way involves any sexual, child abuse or domestic violence offenses, or has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither You, nor anyone in your home, is currently out on bail or on Your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Smart Alec Services, you understand and agree that Smart Alec may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Smart Alec may revise the Eligibility Conditions from time to time in its commercial discretion. You hereby grant Smart Alec the authority to verify, in its discretion, the above representations and warranties by You and acknowledge that Smart Alec shall have the right, but not the obligation, to verify such representations and warranties. You further agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Smart Alec may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating Your use of the Smart Alec Services, should it determine that You have violated any representation or warranty under these Terms.
The preceding paragraph notwithstanding, You understand and agree Smart Alec does not commit to conducting background checks of all Users, but that Smart Alec does conduct basic background checks of all tutors listed on the platform through Checkr, inc, which include a Identity Verification, Sex Offender Registry Check, Global Watchlist Check and National Criminal Record Check. Tutors may also submit a background check from the last 24 months from an accredited background check provider in lieu of the background check conducted by Checkr. You also understand and agree Smart Alec neither confirms nor denies the validity of information provided by Users and that Smart Alec does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that it is Your sole responsibility to conduct any further background check, reference check and/or other inspections of person with whom You choose to interact using the Smart Alec Services.
Smart Alec expressly disclaims, and You expressly release Smart Alec from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Smart Alec reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Smart Alec in its sole discretion. Alleged improprieties by any User may be reported to Smart Alec by emailing firstname.lastname@example.org.
As used in these Terms, “Confidential Information” means all information disclosed by You to Smart Alec or by Smart Alec to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to Smart Alec’s security policies and procedures. As between the parties to these Terms, these Terms and other information about the Services shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Subject to the express permissions of these Terms, each party will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information (a) solely to those of our respective employees, representatives, subcontractors and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. The provisions of this section shall supersede any non-disclosure agreement by and between the parties that would purport to address the confidentiality and security of content and such agreement shall have no further force or effect with respect to Service Data.
Smart Alec will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of User Content and other Content. These safeguards include encryption of User Content and other Content in transmission (using TLS or similar technologies), except for certain services that do not support encryption, which You may link to through the Smart Alec Services at Your election. You agree that We and the service providers that We utilize to assist in providing the Smart Alec Services to You shall have the right to access User Content and to use, modify, reproduce, distribute, display and disclose such User Content to the extent necessary to provide the Smart Alec Services, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your account and User Content as is reasonably necessary to provide the Service and will be subject to confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in these Terms.
Smart Alec does not claim ownership of User Content that You place within the Service or the Site. Unless otherwise stated herein, any User Content that You provide for publication on the Site or Application (e.g., user reviews) or directly to Smart Alec personnel, as in the case of tutor reviews or testimonials, through email, SMS or other channel of communication shall be deemed to be provided on a non-confidential basis. Smart Alec shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Smart Alec an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Smart Alec, its affiliates, and third-party providers of any information that you may provide on the Site.
You understand and agree to abide by Smart Alec’s Payment Policy. You agree that You are willing to pay all costs associated with the services acquired through Smart Alec, including, without limitation: (a) Tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a Tutor’s cancellation policy, which can be found on Smart Alec’s Pricing and Refunds Policy page; and (d) the commission arrangement between the Tutor and Smart Alec.
Smart Alec may run certain advertisements and promotions from third parties on the Site. Other than advertisements by Tutors on the Site (to the extent leading to Users utilizing the Service for tutoring services), Smart Alec is not responsible or liable for any activities, loss or damage of any sort relating in any way to Your correspondence or business dealings with third parties advertising on the Site.
Tutors may receive text message notifications for new sessions, new requests and new student messages, new message reminders, job opportunities and more (“Text Messages”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Text Cancel to (646) 583-3611
Email Us at email@example.com
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
The Site or the Services may provide links to non-Smart Alec sites or resources ("Third Party Sites"). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Smart Alec has no control over Third Party Sites, and You acknowledge and agree that We do not endorse, and are not responsible for the availability of Third Party Sites, any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
Subject to the limited license granted to You under these Terms to use the Smart Alec Services, You agree not to remove any trademark, copyright or other notice contained on any page forming part of the Smart Alec Services. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Smart Alec, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Smart Alec reserves all its statutory and common law rights against any person or entity who violates these terms. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Smart Alec. You may like or follow Smart Alec or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by Smart Alec with respect to content it provides within the Smart Alec Services (“Smart Alec Content”), or by any content providers authorized to upload and present content on the Smart Alec Services (“Other Content” and together with Smart Alec Content, “Content”), You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software comprising any part of the Smart Alec Services, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Smart Alec Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations that Smart Alec uses in connection with its products and services. You may not remove or alter any Smart Alec Trademarks, or co-brand Your own products or material with Smart Alec Trademarks, without Smart Alec's prior written consent. You acknowledge Smart Alec's rights in Smart Alec Trademarks and agree that any use of Smart Alec Trademarks by You shall inure to Smart Alec's sole benefit. You agree not to incorporate any Smart Alec Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. You may display, copy, distribute and download Smart Alec Content strictly under the following conditions: (a) the copyright notice pertaining to such Smart Alec Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Smart Alec Content is solely for Your personal and non-commercial use; (c) such Smart Alec Content is not copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Smart Alec Content. This permission terminates automatically without notice if you breach these Terms and/or terminate Your use of the Smart Alec Services. Upon termination, you must immediately destroy any downloaded and/or printed Smart Alec Content.
If You believe that any Content made available on any Smart Alec Services infringes on Your copyright(s), please notify us by providing notice in compliance with the Digital Millennium Copyright Act (DMCA). Upon receipt of a valid and complete notice, We will remove the Content and make a good faith attempt to contact the User who uploaded the Content by email. Please note that We are unable to process DMCA notices that refer to sites hosted on third party servers. Please also note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by Smart Alec. Therefore, before submitting a DMCA notice, it’s important that You consider if the manner in which the Content is used is considered “fair use,” or is otherwise used in a non-infringing manner. If You are not sure whether Content located on the Site infringes Your copyright, or if it is subject to fair use protections, You should first consider seeking legal advice.
To submit a copyright infringement notification to Smart Alec, send a written communication to our Copyright Agent, and provide the following information in writing:
Following receipt of a proper written notification, Smart Alec will expeditiously remove or disable the allegedly infringing content. We will also notify the person who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of Users that repeatedly or egregiously infringe the copyrights of others.
If a User or another person believes that their Content was removed or disabled by mistake or misidentification, such User can send Us a written counter notification that includes the following:
Smart Alec will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, Smart Alec will provide the person who submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed Content to the Site or Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the alleged infringer from engaging in infringement related to the allegedly infringing Content.
Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:
Smart Alec reserves the right to suspend and/or terminate the right of any User to use the Smart Alec Services with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if You are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
USE OF THE SMART ALEC SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SMART ALEC SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. EXCEPT AS EXPRESSLY DESCRIBED IN THESE TERMS, SMART ALEC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. SMART ALEC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SMART ALEC SERVICES.
SMART ALEC MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE OR SERVICE.
THE SMART ALEC SERVICES OFFER A MARKETPLACE FOR STUDENTS SEEKING TUTORING SERVICES TO CONNECT WITH TUTORS SEEKING TO PROVIDE TUTORING SERVICES. AS A USER OF THE SMART ALEC SERVICES, YOU UNDERSTAND AND AGREE THAT SMART ALEC HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT SMART ALEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT SMART ALEC IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER SMART ALEC SERVICES. AS SUCH, SMART ALEC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SMART ALEC SERVICES TRANSACT AMONG THEMSELVES. SMART ALEC WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. SMART ALEC IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT SMART ALEC HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT SMART ALEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT SMART ALEC IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE OR SERVICE, OF ANY USER. AS SUCH, SMART ALEC EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES SMART ALEC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SMART ALEC SERVICES, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SMART ALEC SERVICES.
TO THE FULL EXTENT PERMITTED BY LAW, SMART ALEC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SMART ALEC SERVICES, EVEN IF SMART ALEC HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SMART ALEC SERVICES; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SMART ALEC SERVICES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THEIR USE OF THE SMART ALEC SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SMART ALEC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWER OF (X) THE AMOUNT PAID BY YOU TO SMART ALEC OR A SMART ALEC PARTNER, IF ANY, OR (Y) $100.
You agree and understand that you assume all risks when using the Smart Alec Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Smart Alec’s Safety Tips, when interacting with other Users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) then in effect and before a single arbitrator chosen by Smart Alec. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in New York, New York and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Smart Alec may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Smart Alec for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Smart Alec will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Smart Alec seeks such an injunction.
Smart Alec may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. You may contact Smart Alec at any time at firstname.lastname@example.org.
Smart Alec reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or use of or access to them, with or without notice. Smart Alec may also delete, or bar access to or use of, all related information and files. Smart Alec will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Smart Alec may amend these Terms at any åtime by posting the amended Terms on this Site, and shall notify its Users of such changes on its Site.
These Terms and all matters or issues related thereto will be governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.
These Terms constitute the entire agreement between you and Smart Alec relating to their subject matter, and cancel and supersede any oral or written agreements among Smart Alec and any User, and all prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Smart Alec or third-party products or services. All rights not expressly granted herein are expressly reserved. These Terms shall inure to Smart Alec’s benefit and to the benefit of its agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.