The following terms and conditions (the “Terms and Conditions”) govern your use of Charles Financial Strategies LLC also known as TAPA Institute (“TAPA” “Company” or “we” or “us”) website located at www.tapainstitute.com (the “Site”) and of the services provided by TAPA (“Services”).
1. BY USING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. These Terms and Conditions May Change
1. Additional Terms and Conditions May Apply
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by TAPA, including on any particular page of this Site or through the Services, or through a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
1. Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Services.
1. We May Discontinue or Alter Any Aspect of the Site or the Services.
We may discontinue or alter any aspect of the Site or the Services, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Services, at our sole discretion and without prior notice or liability.
2. AUTHORIZED USERS / REGISTRATION
For the purposes of these Terms and Conditions, “you” also means a parent or guardian who pays for access to the Site / Services as well as the student who accesses the Site or uses the Services. If you are a parent, guardian, or other person who enables a child to access this Site and the Service, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
1. Authorization to Use this Site
You hereby confirm to TAPA that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.
For certain aspects of the Site or the Services, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.
You may not transfer your account, username or password to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the Site, the Services or the Content (as defined below) to recruit, solicit, or contact in any form Tutors for employment or contracting for a business not affiliated with us without our advance written permission.
We provide Services that allow Users to connect with tutors and instructors (“Tutors”) who provide live, one-to-one tutoring and learning services. We generally do not control, and we make no representations or warranties regarding the reliability of, any verification service or any information provided by such verification service we use to confirm the validity of our tutors’ claimed educational credentials and lack of criminal history.
You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.
1. Code of Conduct
You agree that you will treat the Tutors with respect and not use obscenities in the online classroom, make threats or discuss personal matters or matters other than those related to the subject for which you seek help.
1. Fees and Billing
TAPA (or its partners) may charge a fee to post or access Content or for other features, products, services, or licenses. You are responsible to TAPA (or its partners) for any fees applicable to Content that you post or other features, products, services or licenses you purchase or that are purchased through any account created through TAPA (or its partners) for using or accessing the Site or the Services. You authorize TAPA (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by TAPA (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, TAPA (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
1. Availability of Services
Our tutoring services are unavailable on New Year’s Day, Independence Day, Thanksgiving Day, Christmas Day, and other major holidays. The Site may be periodically unavailable as we perform regular maintenance and upgrades.
4. RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by TAPA (or its partners), and must only be used for certain approved purposes as established by TAPA. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by TAPA.
1. Limited License
1. No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of TAPA or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by TAPA. The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting TAPA in writing at the address listed below.
1. Derivative Materials
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of TAPA or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
1. Third Party Rights
Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. TAPA and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
5. USER INFORMATION
For Users who are minors, or in the event that You permit a minor to use your account, we reserve the right to provide access to such User accounts and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives.
If You reside outside the United States, your registration on the Site constitutes your explicit consent that your User Information and/or other the personal information you have provided to TAPA may be transferred and stored in countries outside your home country—including in the United States.
6. MATERIALS SUBMITTED BY USERS
You are solely responsible for such Submitted Materials you provide to TAPA or post on the Site or the Services. TAPA accepts no responsibility whatsoever in connection with, or arising from, such Submitted Materials. You agree that TAPA accepts no liability whatsoever if it decides, in its discretion, to prevent your Submitted Materials from being submitted or if it edits, restricts or removes any Submitted Materials for any reason. TAPA may delete or destroy any such Submitted Material at any time. You also agree to permit any other User of this Site to access, view, store or reproduce Submitted Materials for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person. The Site is not a backup service for storing User Content, and TAPA has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site or the Service.
TAPA does not endorse and has no control over Submitted Materials. Submitted Materials are not necessarily reviewed by TAPA prior to posting and does not necessarily reflect the opinions or policies of TAPA. TAPA makes no warranties, express or implied, as to such Submitted Materials or their accuracy and reliability, and assumes no responsibility for actively monitoring the Site for inappropriate Submitted Materials. You should exercise discretion before relying on information contained on the Site, including Submitted Materials.
- Linked Sites
2. You may be able to link from the Site to third party web sites and third party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Linking to the Site
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
8. PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Site’s services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the Services to gain competitive intelligence about TAPA, the Site, or any product or service offered via the Site or to otherwise compete with TAPA or its affiliates.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
10. NO WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. FURTHER, TAPA DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE OR THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.
From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from tutors under tutoring services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
11. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.
In addition to any other method of termination or suspension provided for in these Terms and Conditions, TAPA reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Further, you agree that TAPA shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content or sale of any products. Any such termination, suspension or cancellation shall not affect any right or relief to which TAPA may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
13. ARBITRATION AND GOVERNING LAW
ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”), in accordance with the AAA Arbitration Rules then in effect, before a single neutral arbitrator. The place of arbitration shall be New York, NY.
The arbitration proceeding shall be kept confidential by the parties, their representatives and the arbitrator, subject to the right of any party to enforce the arbitral award. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The arbitrator may proceed to an award, notwithstanding the failure of either party to participate in the proceedings. The arbitrator shall, within thirty (30) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision setting forth the findings of fact and conclusions of law on which the award is based, including the calculation of any damages awarded. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrators deem just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. Judgment on the award rendered by the arbitrator may be enforced in any court having competent jurisdiction thereof.
By using the Site, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and Company, shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
14. COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
· your address, telephone number and email address;
· a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at email@example.com or the following address: 223 w 38th St #688, New York, NY 10018.
15. COMMUNICATION AND MISCELLANEOUS
If you provide us your e-mail address, you agree and consent to receive e-mail messages from us. These e-mails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or e-mails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Effective date: August 16, 2018