Effective: October 3, 2018
Welcome to tutorollars.com operated by TUTOROLLA LTD (“TUTOROLLA”) and located at www.tutorollars.com (collectively the ‘Site’). The following terms and conditions (‘Terms’) govern your use of this site.
We reserve the right at our sole discretion to change or modify portions of this Agreement at any time. When we do this we shall post the change on this page and will indicate at the top of this page the date this agreement was last revised. Your continued use of this site after any changes constitutes your acceptance of the new agreement. Please, visit this page periodically to review the current agreement so you are aware of any revision to which you are bound.
In order to access certain content, material, product or services on the site, you may be asked to register and create an account (an “Account”). You must provide accurate and complete information and keep your account information updated. Some types of personal identifiable information (PII), such as but not limited to legal name, phone number, address, email address, gender, and age may be requested in the process.
When placing an order through the site, you will be required to provide other personal identifiable information (PII) such as shipping address, billing address, and payment details. Additional information may be collected by TUTOROLLA or its third party providers at this time for security and anti-fraud purposes.
USE OF SITE
The site contains materials including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). Portions of the content may be made available to us through arrangements we have with third parties and some of the contents we may own.
The content is protected by intellectual property laws. Unauthorized use of the content may result in a violation of copyright, trademark and other laws, you have no rights in or to the content, and you will not use, copy or display the content including but not limited to use of framing or mirrors, except as permitted under this agreement. You may only use the site and services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You may use the content and software on this site only as a shopping resource. Any other use, including the reproduction, modification, distribution, replication, transmission, display or performance of the contents on this site on strictly prohibited.
Trademarks, service marks, logos, designs, title, product names, phrases, images illustrations, icons, photographs, copyrights and other intellectual property right made available through the site, are TUTORLLA owned. The trademarks, service marks, and logos of TUTOROLLA (the “TUTOROLLA trademarks”) used and displayed in connection with the services are unregistered trademarks and service marks of TUTORALLA. There may be trademarks or services marks that are owned by third parties for product and service names located on the site.
On the site and in this agreement, nothing should be construed as granting, by implication, or otherwise, any right to use any trademark on the site or used in connection with the services without our prior written consent specific to such use.
Without our prior written consent, use of any TUTOROLLA trademarks in or from any website is prohibited.
You agree not to:
(a) Take any action that will give you access or collect personal identifiable information (PII) including email addresses, names, or other such information for any purposes including but not limited to commercial purposes.
(b) Take any action to impose an unreasonable load on the site infrastructural architecture.
(c) Reverse engineer any of the software make-up of the site
(d) Gain unauthorized access to TUTOROLLA’s computers or be involved in activities that will interfere with the performance or limit the functionality or impair the security of the site.
(e) Gain unauthorized access to the services by any other means other than the interface provided by TUTOROLLA.
(f) Reproduce, delete, duplicate alter, copy, trade, sell or resell any product or service posted on the site.
In regard to photos, designs and any content or material you provide or upload on the site or share with other site users (collectively “user content”), you agree and warrant that you own the right to such user content, including but not limited to, all copyrights and that all user content you provide is complete, accurate, and up-to-date.
With respect to user content, you shall not post, upload or distribute user content that infringes any trademark, trade secret patent, copyright or other rights of any person or entity or violate any law or contractual duty. In the same regard, you shall not post or upload or take any action or distribute any user content that is misleading, false, fraudulent, deceptive, libelous, obscene, fortuitous, invasive of another’s privacy, offensive, vulgar, pornographic, depicts or contains nudity, depicts or contains nudity, depicts or contain sexual activity or is inappropriate as determined by us.
Upon your submission of any user content to the site, you hereby grant TUTOROLLA and its affiliated companies, successors, a worldwide, royalty-free, perpetual, irrevocable, license to use, distribute, transferable, license to reproduce, adapt, publish, modify, create derivative works from copy, display, store and sublicense the user content without any compensation to you, in connection with the marketing, promotion, or advertising of the product or services, in any form or medium known or developed late and including after the termination of your account.
For clarity, you acknowledge and agree that any comments, suggestions, ideas, questions or any other information about the service (collectively “submissions”) you provide to us are non-confidential and we are under no obligation to compensate you for sure submissions or response to sure submissions and will be entitled to unrestricted use and dissemination of such submissions for any purpose, without any compensation to you.
As between you and TUTOROLLA, you acknowledge and agree that we may store user content and may disclose user content if required by law to do so or in good faith if we believe such presentation is necessary to: (a) protect the rights of our users, the public, and the rights and property of TUTOROLLA; (b) enforce the terms; (c) respond to claims that the rights of third parties have been violated; or (d) comply with legal process.
PURCHASES & PAYMENTS
You agree that at the time you order any product through the site, you have reached the age or maturity (18 years old) and that the payment information you provide is accurate and up-to-date. We have entered into contract with a third party payment processor to process payment on the site. Your payment details and any additional information needed to complete your order will be routed directly throughout third-party payment processor. Our payment processor uses several fraud prevention protocols and standard industry verification protection to reduce fraud. For your protection, you authorize our third-party payment information to verify and authenticate your payment information. In some cases, your card issuer may charge you an online processing or handling fee. The responsibility for this handling or processing fee is not ours.
Prices quoted on the site are exclusive of the cost of shipping to agreed place of delivery. Value added tax payment or government taxes and shipping of the products are your responsibility unless we state to the contrary.
To ensure we collect the purchase price, you agree to have sufficient funds available upon your placement of an order. We will send you a confirmation email (the “order confirmation”) after you place your order.
RETURNS, EXCHANGES, & REFUNDS
We strive hard to make quality headpieces to your satisfaction but if you are not satisfied with a product, you may return it by following our return and exchange policy.
Shipping and delivery information is stated on the shipping and delivery page. we reserve the right without notice to you to change shipping rates; however, once your order has been accepted and confirmed, the shipping charge for that order will not be changed.
Without penalty to us, we reserve the right not to accept your order or cancel any order that has been accepted. You may cancel your order without any penalty only so far as we have not accepted the order. In so far as you have placed your order and we have accepted the order, you cannot cancel such orders anymore. Please, call our customer care number to ask questions before placing your order.
We have taken great care in representing products colors as accurately as possible, however, monitor and browser setting of every computer differs so every computer screen will display color differently. We cannot guarantee that the colors of the item will be seen exactly as we portray it on your screen.
LINKS TO OTHER SITES
The site may contain links or references to third party websites, or other resources on the internet including but not limited to Facebook and our sponsors, and other services, resources, and other websites may contain links to the site (“External Sites”). We do not endorse these external sites but these links are provided solely as a convenience to you. This terms and condition do not apply to external sites and TUTOROLLA has no control over these external sites. We are not responsible for the content or any linked external sites. You agree and acknowledge that we shall not be held responsible or liable, directly io indirectly, for any damages or loss caused by or in connection with the use of or reliance on a content, goods or services available on or through external sites.
INFRINGEMENT ON INTELLECTUAL PROPERTY
As we respect the intellectual property of others, we solicit our users to do the same. If you believe that your intellectual property rights have been violated or that your work has been copied please notify us in accordance with the procedure stated below.
We take such notifications seriously and will investigate such alleged or actual infringement according to the Digital Millennium Copyright Act (“DMCA”). Please, send notification of claimed copyright infringement via email to firstname.lastname@example.org (Subject: “Takedown request”)
The email notification should contain the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
- Your telephone number, address, and email address;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A detailed description of the location of the material on the site;
- A statement by you as the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner under penalty of perjury, that the information in your notice is accurate.
When a user content is removal or access is disabled an you believe that such user content is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law to upload and use the content in your user content, please, sent a written counter-notice with the following information to the copyright agent.
- A statement by you made in good faith believing that the content was disabled or removed in error or misidentification of the content.
- Identification of the location of the content that was removed or to which access has been disabled before it was removed or disabled.
- Your name, address, telephone number, email address and a statement of your consent to accept service of process from the person who provided notification of the alleged infringement.
- Your electronic or physical signature.
Following applicable law and in accordance with DMCA, and at our sole discretion we will terminate or limit access to the site the accounts of users who repeatedly infringe the intellectual property rights of others. We also reserve the right to terminate or limit the account of such users whether or not there is repeat infringement.
You agree to defend, indemnify and hold harmless TUTOROLLA, its officers, members, directors, employers, agents, affiliates, licensors and suppliers, from and against any claims, actions or demands, damages, obligation, losses, liabilities, cost or debts, including but not limited to legal fees and accounting fees, arising or resulting from your breach of this agreement, any user content or feedback you provide, or your access to, use or misuse of the content or the services to the fullest extent permitted chide applicable law.
We shall serve you notice of any such claim, suit or proceeding that trigger this indemnification obligation, and you agree to do the same by emailing us at email@example.com. We resolve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this section without the prior written consent of TUTOROLLA.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING TUTOROLLA, OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS EMPLOYEES AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “TUTOROLLA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIVES ABOUT THE CONTENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE TUTOROLLA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER FOR ERROR, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
THE TUTOROLLA PARTIES DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVICES, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA NO TUTOROLLA PARTIES SHALL BE RESPONSIBLE FOR THOSE COSTS.
EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE TUTORALLA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY TUTOROLLA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, FOR (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY EVEN IF SUCH TUTOROLLA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY DIRECT DAMAGES IN EXCESS OF $500.