Agreement between User and Tutor In Law
Welcome to https://www.tutorinlaw.com. The https://www.tutorinlaw.com website (the “Site”) is comprised of various web pages operated by Mahliya Montgomery, doing business as Tutor In Law. (“Tutor In Law”). https://www.tutorinlaw.com is offered to you (“User”, “Client”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.tutorinlaw.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.tutorinlaw.com is an E-Commerce Site. The purpose of the Site is to provide tutoring products and services for law students. Tutor In Law provides tutoring services including private and group tutoring sessions, workshops and lectures, essay grading, a subscription-based tutoring service, and various educational products.
Terms of Service
A. Private and Group Tutoring
Private tutoring sessions are limited to one student. Group tutoring sessions are limited to up to five students. All tutoring sessions are one hour in duration and will be conducted via Zoom. Client must have sufficient internet capability and an account with Zoom in order to attend the session. Client must complete the Intake Questionnaire provided by Tutor In Law at least 24 hours prior to the session. Failure to submit the questionnaire in time will result in a cancellation of the session and no refund will be issued. Client must provide Tutor In Law with any materials they wish to review during the session, such as the Client’s own outlines and approaches or an essay, one week prior to the session.
Sessions must be booked within six months of purchase. If Client is more than 15 minutes late to the session, the session will be cancelled and no refund will be issued. Tutor In Law agrees to refund Client for any sessions which are delayed more than 15 minutes due to Tutor In Law’s fault. Client will have the option to reschedule any sessions which must be cancelled due to technical difficulties, emergencies or other unforeseen circumstances on the part of Tutor In Law or receive a refund.
B. On-Call Tutoring Subscription
The On-Call Tutoring Subscription is a monthly subscription in which the Client can ask questions on the substantive law. The number of questions is limited and based on the tier of the Client’s subscription. The On-Call Monthly and On-Call For the Semester tiers include five questions per month. The On-Call Deluxe tier includes seven questions per month and four 15-minute Zoom calls per month. Substantive law questions include questions about understanding the law, how to format the law in an outline or exam approach, or a question about an issue in an exam relating to the rule of law. Questions that require two answers will be considered two questions. Questions that are received during business hours will generally receive answers within a few hours. Questions that are received outside of business hours may take longer but shall not exceed a reasonable period of time. Questions that are not used by Client within the month do not roll over into the next period. Clients may not share their log in information with other students.
All communications for tutoring purposes (substantive questions by Client and answers by Tutor In Law) must be conducted via the Voxer website or application for tracking purposes. Any other questions regarding the subscription service should be sent via email to [email protected].
Client agrees to be charged on a monthly basis. Client may cancel their subscription at any time. Client must cancel their subscription prior to payment being due to avoid being charged. Tutor In Law agrees not to increase the monthly subscription rate without giving the Client thirty-days’ notice in writing.
C. Essay Grading
The essay grading service includes grading and feedback for two essays. Client will submit the essays and the respective essay questions to [email protected]. Essays that are sent without an essay question will not be graded and no refund will be issued. The two essays do not need to be sent at the same time. Essays must be submitted within three months of purchase. Tutor In Law agrees to provide detailed feedback including a grade, explanation of the grade, and comments for improvement. Tutor In Law agrees to provide graded essays to the Client within one week of submission.
D. Workshops and Lectures
Tutor In Law will periodically hold mass Zoom meetings to give lectures and workshops. Workshops and lectures are non-refundable.
E. Educational Materials
Tutor In Law offers educational materials including course materials and guides. Course materials are offered in bundles which include the outline and exam approaches for each course. The exam approaches are templates that Client can use for their exam answers. Course materials and guides will be sent via email to Client after purchase as a downloadable file. Client will have 7 days to download the file and can download the file 3 times. Client may not share these materials with anyone else nor use the materials for anything other than a personal study aid. Course materials and guides are non-refundable.
F. Study Bundles
The Exam Prep Bundle includes the Exam Prep Guide, outline and approaches for the course selected by Client, one month of an On-Call Tutoring Subscription, one private tutoring session, and two graded essays. All terms included in the sections for the items included in this bundle are applicable to the bundle. The On-Call Tutoring Subscription must be used within one month of purchase. The private tutoring session must be used within 6 months of purchase.
The Study Routine Bundle includes 6 one-hour private tutoring sessions and three months of an On-Call Tutoring Subscription. All terms included in the sections for the items included in this bundle are applicable to the bundle. The On-Call Tutoring Subscription must be used within three months of purchase. The private tutoring sessions must be used within 6 months of purchase.
Confidentiality
For the purposes of this Agreement, “Confidential Information” means any information including, but not limited to, that which relates to research, products, course materials, guides, and tutoring strategy, orally or in written or electronic form, and which is marked or identified by the disclosing party as “proprietary” or “confidential” and is not generally known to the public, whenever and however disclosed. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. The Client acknowledges that the Confidential Information is proprietary to Tutor In Law, has been developed and obtained through great expense and efforts by Tutor In Law and that Tutor In Law regards all of its Confidential Information as trade secrets.
Client agrees not to disclose or distribute Confidential Information to third parties, whether orally, in writing, by selling the product or otherwise. Client agrees not to use the Confidential Information for financial gain or any other purpose other than its intended purpose without the express prior written consent of Tutor In Law. This obligation continues after the termination of services. This Agreement does not give Client any express or implied license, patent, copyright, trademark or other proprietary right. All Confidential Information remains the sole property of Tutor In Law.
Tutor In Law agrees to keep all personal information shared by Client pertaining to services rendered confidential unless expressly authorized by Client in writing.
Disclaimers
Tutor In Law is owned and operated by Mahliya Montgomery. Mahliya Montgomery is a law school graduate and is not licensed to practice law. None of the advice or products provided by Tutor In Law are intended to serve as legal advice.
Materials provided by Tutor In Law were created by Mahliya Montgomery using multiple resources. Materials provided by Tutor In Law are not necessarily a complete work as the law is continually changing. Materials provided by Tutor In Law are based on American common law and, where there are modern distinctions, California law.
All advice given by Tutor In Law is based on Mahliya Montgomery’s experience in law school and her understanding of what is customary in law school. Client is encouraged to use their own due diligence to determine what is customary at their law school and to determine what study methods will work best for them. The advice and materials provided by Tutor In Law are not intended to replace hard work or the advice of Client’s law professors. Tutor In Law is not responsible for Client’s performance on law school exams.
Tutor In Law is not liable for materials and services that are not provided by Tutor In Law, even though Tutor In Law may make recommendations on materials and services offered by non-affiliated companies.
Business Hours
Tutor In Law is open Mondays through Fridays from 10:00 am to 5:00 pm and is closed on Saturdays, Sundays and all major holidays. Tutor In Law will keep Client informed of any other upcoming closures within a reasonable time. Tutor In Law will not be obligated to respond to On-Call Tutoring submissions or any other submissions outside of business hours. Tutor In Law will do its best to respond to all inquiries within 1-2 business days. Tutor In Law may respond or book with Client outside of these hours based on its sole discretion. Client may contact Tutor In Law with any questions or concerns by sending an email to [email protected].
Payment
Tutor In Law reserves the right to change the pricing of its products and services at any time for any reason. Client agrees to be charged for the price that is in effect at the time of purchase. Payment is due prior to receipt of services and products. Tutor In Law is under no obligation to render products or services if payment is not received.
Tutor In Law accepts the following payment methods:
VISA
Mastercard
American Express
Discover
Apple Pay
Refund Policy
All products and services are non-refundable, with the exception of private tutoring sessions in the following circumstances: Tutor In Law agrees to refund Client for any sessions which are delayed more than 15 minutes due to Tutor In Law’s fault. Client will have the option to reschedule any sessions which must be cancelled due to technical difficulties, emergencies or other unforeseen circumstances on the part of Tutor In Law or receive a refund.
Privacy
Your use of https://www.tutorinlaw.com is subject to Tutor In Law’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.tutorinlaw.com or sending emails to Tutor In Law constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Minors
Tutor In Law does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Tutor In Law is not intended to be used by any persons under the age of 18. If you are under 18, you may use https://www.tutorinlaw.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.tutorinlaw.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tutor In Law and Tutor In Law is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tutor In Law is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tutor In Law of the site or any association with its operators.
Certain services made available via https://www.tutorinlaw.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.tutorinlaw.com domain, you hereby acknowledge and consent that Tutor In Law may share such information and data with any third party with whom Tutor In Law has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.tutorinlaw.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.tutorinlaw.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tutor In Law that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tutor In Law or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tutor In Law content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tutor In Law and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tutor In Law or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Tutor In Law account to third party accounts. By connecting your Tutor In Law account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Tutor In Law from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tutor In Law Content accessed through https://www.tutorinlaw.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Tutor In Law, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tutor In Law reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tutor In Law in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tutor In Law agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TUTOR IN LAW AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TUTOR IN LAW AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TUTOR IN LAW AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTOR IN LAW AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TUTOR IN LAW OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Tutor In Law reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tutor In Law as a result of this agreement or use of the Site. Tutor In Law’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tutor In Law’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tutor In Law with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tutor In Law with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tutor In Law with respect to the Site. A printed version of this agreement and of any 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Tutor In Law reserves the right, in its sole discretion, to change the Terms under which https://www.tutorinlaw.com is offered. The most current version of the Terms will supersede all previous versions. Tutor In Law encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Tutor In Law welcomes your questions or comments regarding the Terms. Please email us at [email protected].
Effective as of September 26, 2021
