Terms and Conditions

IMPORTANT! PLEASE READ CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

What is Tutelage?

These Tutelage Terms of Use ("Terms of Use") apply to the web sites, mobile apps, applications and other interactive features or services that post a link to these Terms of Use (each, a "Service" and collectively, the "Services" or " Tutelage Websites"). Tutelage, and our subsidiaries are referred to collectively in these Terms of Use as " Tutelage," Tutelage Websites," "we" or "our." "You," "your" and "user" refer to any person or entity using the Services.
These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them ("Linked Services"), and regardless of whether you are a registered user or a guest. By using the Services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Services and you must cease all such use immediately.
ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you agree that disputes between you and TUTELAGE will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration. In some instances, both these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via the Services ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Tutelage provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money. You may only have one Tutelage account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by Tutelage. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Tutelage immediately if you suspect any unauthorized use of your account or access to your password. Tutelage has the right to terminate your account for any reason at our sole discretion without notice and without liability.

Age and Residence Requirements; U.S. Jurisdiction

The Services are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live, but our textbook rentals and sales are only available to residents of the United States. All financial transactions will be processed in U.S. dollars. However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tutelage to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Tutelage operates the Services in the United States. Tutelage makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. The Services are also available to authorized staff members of colleges or universities that have licensed one or more of the Services, to employers for the sole purpose of filling internships or other jobs, or to students and alumni from schools who are seeking career information who have obtained a valid password from Us or through their college or university career center.

Proprietary Rights

The Services are owned and operated by Tutelage. Unless otherwise explicitly specified by Tutelage, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, " Tutelage Content"), are owned, controlled, or licensed by Tutelage or Tutelage's third party partners. Tutelage Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic content included in the Services are supplied by third parties. Any unauthorized use of Tutelage Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

Your License to Use Site Content

Subject to your compliance with these Terms of Use, Tutelage grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Tutelage Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Tutelage Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Tutelage under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Tutelage's prior written permission or as expressly provided in these Terms of Use. When you download or use the Tutelage Content as authorized by these Terms of Use, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Tutelage Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Tutelage Content, you may not share that subscription or license with others. Tutelage may impose reasonable limits on your scope of access to Tutelage Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third party access to or use of that Content.

Social Distribution and Widgets

Tutelage may allow you but only through express written permission to engage in certain personal uses of Tutelage Content that include the ability to share certain Tutelage Content with others ("Social Distribution"). For example, the Services may allow you to send certain Tutelage Content to friends, display Tutelage Content on your personal web site or post Tutelage Content on a third party web site. You agree that you will not imply that you and Tutelage are affiliated in any way or that Tutelage approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Tutelage Content. Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Tutelage Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Tutelage Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Tutelage Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Tutelage Content upon notice.

Digital Content

If you receive as part of your order access codes, passwords or downloads for online eBooks or publisher created online digital services content ("Digital Content"), then, when activating the codes, downloading content or logging in to access or use Digital Content, you may be required to agree to certain additional terms and conditions ("Digital Content Terms") before you may access the Digital Content. Read the Digital Content Terms for each Digital Content you rent or purchase, as different Digital Content may come with different restrictions or may be updated from time to time. If there is an express conflict between the Digital Content Terms and these Terms of Use, the Digital Content Terms supersede the Terms of Use only to the extent of your use of the relevant Digital Content.

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to Tutelage, any Tutelage employee or contractor, or a Tutelage web site, you grant Tutelage and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Tutelage, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with Tutelage. You agree that Tutelage may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with Tutelage and third parties through the Services.
You further agree that Tutelage is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Tutelage to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Tutelage is not required to host, display, or distribute, and may remove at any time, any User Content. Tutelage reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit. You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Tutelage's request, you will furnish Tutelage any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
Except as otherwise described in the posted Privacy Policy, or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Tutelage is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Tutelage in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Tutelage, and Tutelage will not be liable for any use or disclosure of any User Content that you provide. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Tutelage does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
You agree that Tutelage has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Tutelage will not have any obligation to you with regard to User Content and that Tutelage may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with Tutelage.

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Tutelage may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Service Modifications

Tutelage reserves the right, in our sole discretion, to make changes to or discontinue any of the Services at any time. Any description of the Services provided by Tutelage is not a representation that the Services are working or will always work in that manner, as Tutelage is continuously updating the Services, and these updates may not always be reflected in the Terms of Use.

Mobile Use

The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you change or terminate your mobile account, you are responsible for promptly updating your Tutelage account information so that any messages or notices from Tutelage regarding the Services are sent to you and not to the person who is assigned your old number. For any of our mobile apps, you agree that the third party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Services, you are responsible for verifying the accuracy of the scanned code before relying on it.

Email and Text Message Notifications


Notifications or receipts from Tutelage will be delivered to you by email at the address you provided to Tutelage when you created your account or as later updated. You may also opt to receive text message reminders from Tutelage, as a courtesy to you.. Please review our text message mobile disclosures, which are incorporated into the Terms of Use. Tutelage may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to Tutelage, including wireless numbers, to remind you that rental books are due to be returned or otherwise provide the Services. You are still responsible for compliance with the Terms of Use, including, e.g., timely return of your books, whether or not you receive such reminders. You hereby agree and acknowledge that Tutelage is not responsible to notify you in any way other than by email, even if you opt-in to receive text message reminders. Tutelage will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. Tutelage will have no responsibility for any misuse of such information if you provide such information via email or text message.

Account Cancellation


You may cancel your account at any time throughout our Services. Your account will only be cancelled and closed after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check. Tutelage may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account in cancelled, your photos, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).

Credit/Debit Card Processing & Payments

Tutelage may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Tutelage) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your Tutelage account at all times (either the original card or a replacement). To confirm your card is valid, Tutelage may initiate a "pending" charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). Tutelage will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Tutelage will store your credit or debit card information and you hereby acknowledge and agree that Tutelage may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension or unreturned, lost, stolen, or damaged books associated with your account under the terms of your book rental and in accordance with the Tutelage general policies For any books or other materials kept beyond the applicable rental term, you agree to be charged the applicable late fees as set out in our general policies. For any books or other rental materials that are never returned (an item is deemed "never returned" if it has not been returned in the period posted in our General Polices) or that are returned damaged, you agree to be charged for the value of the item(s) as set out in our general policies. Tutelage reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by Tutelage or a third party on Tutelage's behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Tutelage. For security reasons or to otherwise confirm a financial instrument or payment, Tutelage may delay mailings of books or otherwise delay providing payments or services even if such delay impacts a guaranteed delivery date.

Third Party Links, Content and Applications

There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party website, and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Linking Policy


Tutelage grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that Tutelage or the Services are endorsing or sponsoring any third party or its products or services, unless Tutelage has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Tutelage's sole opinion, harm Tutelage or its products or services; (d) must not use any Tutelage trademarks without the prior written permission from Tutelage; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Tutelage's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a Tutelage web site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Tutelage reserves the right to prohibit linking to any Tutelage web site for any reason in our sole and absolute discretion. Course Searches and Other Information Specific to an Academic Institution We may tie your Tutelage experience to information about the school you have identified to Tutelage. For certain schools, the Services enable you to search and retrieve information about the materials required for particular courses. Please be aware that course information and assigned materials may change from time to time, and Tutelage may not receive updated information from the school in a timely manner. Tutelage is not responsible for any errors in the information provided in the course searches on the Services. Where specific school names or information relate to a specific school are displayed, they do not imply any endorsement or approval by the school. Except where specifically stated, Tutelage has no affiliation with nor endorsement from any academic institution, and school names and information are used on the Services only to the extent necessary to organize, identify and permit use of information and sections of the Services that may be tailored to students of a particular school, or for other lawful uses.

Career Information and Jobs

Tutelage's site may help students identify potential careers by providing a basic description for a variety of potential jobs. In some cases, Tutelage may provide salary ranges for jobs, and point users to potential job opportunities in that field, based upon your interests and skills that you have represented to Tutelage that you possess. Tutelage may also help identify skills that are commonly required for those jobs, and recommend learning materials that (combined with your own efforts) may help you achieve better proficiency with those skills. Tutelage's attempts to assess your skills, identify gaps, and match those gaps to available learning materials may not be accurate in your particular circumstances. Tutelage is simply one starting point, not an exhaustive list of all potential jobs or opportunities that might be available to you, and in a fast changing employment landscape Tutelage does not guarantee that the descriptions, salaries and job opportunities set out on our site are always up to date, reflect the current job market, or are applicable to the market in your area. We believe that the materials on our site, if you use them and apply yourself, can improve your skills and employability. Still, Tutelage does not provide in depth, individualize job counseling, and your success in landing a job in a particular career depends on a wide variety of factors. Our system's efforts to identify skills gaps, and recommend learning materials to address those gaps, may not result in improved employment prospects; completing recommended classes is in not a guarantee of finding employment in that field, or any other field. Tutelage may also help students or alumni find internships or entry level jobs or other positions by accepting postings of job descriptions from third party employers, through its Internships.com website or other Tutelage websites. Tutelage does not confirm the accuracy of the postings, nor can Tutelage know whether a particular position has been filled. Tutelage may recommend particular job postings to particular users based upon available data about the position or the user, or other criteria, but the actual criteria for job positions lie within the discretion of the employer and Tutelage makes no representations about the suitability of any candidate for any listed position.
You understand and agree that Tutelage acts only as an interface to facilitate communications between Users and FA COUNSELORS and to collect payment from Users on behalf of FA COUNSELORS. THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND FINANCIAL AID COUNSELORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT TUTELAGE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND FA COUNSELORS. FA COUNSELORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF TUTELAGE. TUTELAGE HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, FA COUNSELORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND FA COUNSELORS FOR THE PROVISION OF LESSON SERVICES. TUTELAGE CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY FA COUNSELORS FOR USERS, OR THE ACTIONS OF ANY FA COUNSELORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. TUTELAGE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF FA COUNSELORS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, FA COUNSELORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY FA COUNSELORS ARE DONE AT THE USER's SOLE RISK.
By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of FA COUNSELORS, Users or other third parties will be limited to a claim against the particular Tutor, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Tutelage with respect to such actions or omissions except as authorized by this Agreement. In addition, Tutelage is not responsible for the use or exchange of any information or files between FA COUNSELORS and Users. Further, Tutelage does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by FA COUNSELORS or Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.

Disclaimer of Warranties

THE TUTELAGE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TUTELAGE AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES OR VENDORS (COLLECTIVELY THE " TUTELAGE PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENRORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; (B) THE TUTELAGE CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TUTELAGE OR VIA THE SERVICES. IN ADDITION, THE TUTELAGE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY,NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE TUTELAGE PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TUTELAGE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE TUTELAGE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TUTELAGE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION's LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE TUTELAGE PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY TUTELAGE. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY TUTELAGE. IN ADDITION, THE TUTELAGE PARTIES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY ENTITY FOR ANY DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, LOSS, CLAIM, OR LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES OR LINKED SERVICES. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. TUTELAGE TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES.
UNDER NO CIRCUMSTANCES WILL TUTELAGE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES OR LINKED SERVICES, ATTENDANCE AT A TUTELAGE EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH TUTELAGE.
Limitations of Liability; Waiver
IN NO EVENT SHALL THE TUTELAGE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE TUTELAGE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TUTELAGE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES's TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER's COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TUTELAGE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE TUTELAGE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TUTELAGE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO TUTELAGE IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH TUTELAGE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE TUTELAGE PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER TUTELAGE CONTENT OWNED OR CONTROLLED BY THE TUTELAGE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER TUTELAGE CONTENT OWNED OR CONTROLLED BY THE TUTELAGE PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity

You agree to defend, indemnify and hold harmless the Tutelage Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Tutelage Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Tutelage. You will cooperate as fully required by the Tutelage Parties in the defense of any claim. The Tutelage Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Tutelage Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Tutelage.

Legal Disputes

If a dispute arises between you and Tutelage, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a "Claim") in accordance with the subsections below.
General. You and Tutelage agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and Tutelage are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tutelage otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.
Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementaqy Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be Tutelage by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Tutelage otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tutelage submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Tutelage will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Tutelage will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. If Tutelage changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to Tutelage within 30 days of the date such change became effective, as indicated in the "Last Updated" date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tutelage in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use).
This "Legal Disputes" section shall survive any expiration or termination of your relationship with Tutelage.

Policies

When using the Services, you are subject to any posted policies or rules applicable to features you use through the Services, including without limitation the Tutelage general policies and all policies referenced in the Tutelage General Policies or elsewhere in this Agreement. All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time.

List Prices

The list prices displayed on the Services for publications come from bibliographic information we receive from leading third-party sources and publishers. Each list price is the publisher's suggested retail price. Tutelage is not responsible for errors in that third-party data, including prices for the sale or purchase (buyback) of books. If a title does not have a publisher's suggested list price, the Services may not show a list price in the online catalog. If a product is listed at an incorrect price due to typographical error or an error in pricing information received from our suppliers or for any other reason, Tutelage shall have the right to refuse or cancel any order, whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged and your order is canceled, Tutelage will issue a credit to your credit or debit card account.

Tutelage Credit

From time to time, Tutelage may issue you " Tutelage Credit." Upon providing you Tutelage Credit, Tutelage may place limits on its use, and Tutelage Credit may not be moved from one Tutelage Service to another. If provided to you in exchange for goods or services or as a refund, it will not expire, though we may with notice after a posted period of time convert your credit to cash and send it to your address of record. If the credit was given to you with terms explicitly authorizing redemption for cash, you may convert that credit to cash. If you receive a credit from customer support, you may not redeem it for cash.

Certain Payments and Renewals

Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually). MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. Also, for some of our paid Services, you may elect to temporarily "suspend" your membership, for example, during school breaks or vacation, for up to a total of 90 days in any one membership year (i.e., during each 12-month period following the commencement of your membership), and the period of your membership will be extended by the total amount of such suspended period(s). You agree to pay all applicable fees for your memberships and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation. If you wish to cancel your membership in a Service (if available), please visit the customer support web area on the Services. Cancellation of memberships (if available) will take effect as detailed in the cancellation information for the specific Service you want to cancel.

Free Trial Memberships

We may from time to time offer free trials for some of our Services. Such trials may require you to register with a valid credit card to commence. Users that sign up for a free trial membership at a particular level will be automatically renewed at the promoted membership rate for that level at the end of the trial period unless the user cancels the membership at least before the end of the trial, unless the terms of the offer explicitly state otherwise. You can cancel a free trial online on the Services or by contacting Tutelage's customer support. After cancellation of a free trial, you can continue as a Free Member with reduced benefits or access. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first. We may introduce new or additional features, services or materials to the Services which may be a part of, or priced separately from, existing levels of membership at our sole discretion.

Miscellaneous

Unless otherwise stated in this agreement, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of Tutelage to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with Tutelage.

Changes

Tutelage may modify the Terms of Use including the linked policies contained herein from time to time, without prior notice. By using our Services after we have updated the terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward.

Entire Agreement

The then-current Tutelage Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Tutelage regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of Tutelage, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Tutelage signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with Tutelage.

Contacting Tutelage

If you have any questions or concerns regarding the Tutelage Websites or Services, please write to us at http://www.asktutelage.com/contactus or PO Box 3792 Chatsworth CA 91313. All notices, authorizations, and requests to Tutelage shall be deemed given on receipt.

Contact Us

We're here to help you!