Terms and Conditions

THIS WEBSITE IS OWNED BY FOX TUTORS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

1. Fox Tutors Conditions of Use

Fox Tutors reserves the right to make changes to these Terms and Conditions of Use at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by selecting the “Terms and Conditions” hypertext link located at the bottom of our Web pages. It is your responsibility as a user of this Website to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the Website. Your continued use of this Website following any amendments will constitute agreement to such amendments.

2. Who We Are

Fox Tutors (“Fox Tutors”, “we”, or “us”) operates this Website for the business of connecting tutors with potential students.

3. Privacy

Your privacy is very important to us. Please see our Privacy Policy, by selecting the “Privacy Policy” hypertext link located at the bottom of our Web pages.

4. Description of Our Services

Our Website is a communication platform that attempts to bring together students looking for professional tutors and qualified tutors who wish to tutor them. We do not participate in the interaction between Tutors and Students. Students always use our Website for free. Tutors have to pay a small fee after an initial trial period. Here is what we offer:

• Tutors open an account on the Website and offer their services through a visible profile that they create.
• Students review the Website and find potential tutors.
• Students indicate their interest in contacting a particular Tutor by authorizing the release of their phone number to that Tutor.
• That Tutor receives notification of the Student’s interest, and may authorize the release of his or her phone number as well.
• Only if both parties agree, they are then put in touch with each other through the reciprocal release of telephone numbers.
• Tutors and Students can then communicate via telephone or via Fox Tutor’s internal messaging system.
• They can then set up one or more meetings and they negotiate the terms of their relationship between themselves. Fox Tutors does not take a cut of any compensation that the Tutor receives. (See . Billing Practices and Payment below.)
• All parties agree that electronic communications (including email) must happen on our Website only, using our internal messaging system. You are also permitted to contact each other using telephone numbers released to you through our Website. For the reciprocal release of the tutor’s / student’s numbers we charge the Tutor a small fee (yearly and monthly subscription or pay as you go).
• We may offer free trial periods to new Tutors (releasing phone numbers free of charge).
• Payment is done via paypal.

5. The Tutor – Student Relationship

Students may seek the services of a Tutor through the use of the Website and Tutors may submit proposals to Students regarding their services. In the event that a Student and a Tutor agree on the provision of services, their agreement is solely between the Student and the Tutor. Fox Tutors is not a party to any such agreement. Any issues concerning the services received by the Student or payment due to the Tutor must be resolved directly by the Student and the Tutor.

Fox Tutors will use its reasonable efforts to monitor Tutor and Student profiles, actions, comments, and general usage of the Website and suspend privileges of any Student or Tutor not adhering to the policies of the Website. You agree to take reasonable precautions in all interactions with other users of the Website, particularly if you decide to meet in person. By using this Website, you agree to report any alleged improprieties of any users to Fox Tutors immediately by notifying Fox Tutors of the same via electronic correspondence.

6. Tutor Profile Content

The Tutor profile will contain:

• Their basic information, such as name, gender, rate, picture, phone number, price per hour for their tutoring services (phone number can also be given at a later time);
• Subjects that they want to tutor, and a distinction: between expert / non expert;
• Their location (Zip code only);
• Their education;
• Additional details, such as a description of their skills;
• Their tutoring experience, including experience teaching special needs, tutoring experience in years, specification if they are certified teachers or not; and
• Their preferred grade level that they like to teach, preferred tutoring location, and their cancellation policy.

Tutors may also upload a youtube video. This feature is optional and is limited to youtube videos only.

7. Tutor Account Tabs

The Tutor’s account will also contain Tabs.

1. “My Students” and “My Tutors” tabs through which Tutors will be able to communicate with other students and tutors through Fox Tutors’ internal messaging system.
2. “My subscription tab”, where Tutors can select monthly and yearly subscriptions to get unlimited contact phone numbers in the timeframe of the subscription.
3. “Marketing tools” tab, see Section below.
4. “Points tab”, see Section below.
5. “Reviews Tab“, see Section below.
6. “Back Link Tab“, see Section below.
7. “Settings Tab“. The settings tab allows the Tutor to change his password and will give him the possibility of blocking users from contacting him. The Tutor’s account can not be deleted by the Tutor but only by the Website administrator. If the Tutor does not want to tutor for a while, he can make the contact buttons inactive (non – clickable). In order to delete an account, a Tutor must contact Fox Tutors.

8. Additional Features

The Fox Tutors Website also provides additional features.

Tutors and Students can post questions and answers on the Website. Also new Visitors can ask questions. We do not pre-approve content. Content is posted as it was written by our users.

Students who do not find a suitable tutor can choose to post a request for a tutor in the subject for which they need a tutor. Tutors can review these requests and contact the student through our messaging system.

The Website offers facebook connectivity.

Tutors can also become students and contact other Tutors.

Features can be removed, added or changed at any time without prior notification.

9. Tutor Marketing Tools

Fox Tutors provides marketing tools to help Tutors market their tutoring services that are offered on this Website. These marketing tools are intended to be and must be used only to promote tutoring services that are offered through Fox Tutors. With these tools:

• Tutors can build their own classified ads which they can copy / paste on other websites such as craigslist.
• Tutors can build flyers, which they can post in public places such as coffee shops.
• Tutors can select buttons (widgets) that they can paste on websites to advertise their services on Fox Tutors.

Fox Tutors reserves the right to modify or remove these marketing tools at any time and makes no promise that the marketing tools will be available in the future.

10. Tutor Profile Rankings

Fox Tutors currently posts tutor profiles on its Website according to a ranking system based on activity points earned by each Tutor as the result of certain actions of the Tutors and Students. Tutors receive activity points for

• Answering emails within 24 hours.
• Uploading a picture.
• Having a Student release his or her phone number to the Tutor.
• Receiving a positive review from a Student or Tutor seeker. It is permissible to ask students to provide positive reviews. There is even a “Request Review” tab built into the Website.
• Answer questions in the “Question and advice” section of the Website.
• Submit back links. These links are links to the Fox Tutors’ Website that are visible on other websites. The back link must encourage people to use our Website for the purposes for which it was intended, and not to defame or misuse this Website in any way.

Each day a Tutor will lose one point. This encourages Tutors to stay active and gives a slight advantage to new users.

Fox Tutors reserves the right to modify the way it posts tutor profiles, as well as its ranking system, the procedures for acquiring activity points, and the already acquired activity points of its Tutors at any time.

11. Your Account

We will do our best on our end to protect your privacy. But you have responsibilities too. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. If you become aware of any unauthorized use of your password or of your account, you agree to notify Fox Tutors immediately.

12. Enrollment in the Fox Tutors Program – Tutors

Tutors sign up on our Website by creating a profile.

To join the Fox Tutors Program, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite skills to perform tutoring in the subject or subjects you list. If any of the information supplied to us changes at any time, you must immediately inform Fox Tutors of same to reflect such changes in your profile.

13. Enrollment in the Fox Tutors Program – Students

Students may search for tutors without creating an account. If a student wishes to contact a Tutor, the student must create an account by providing some very basic information.

To join the Fox Tutors Program, you must be a student of at least thirteen (13) years of age or the parent of a child. If any of the information supplied to us changes at any time, you must immediately inform Fox Tutors of same to reflect such changes in your Fox Tutors Program profile.

14. Enrollment in the Fox Tutors Program – Tutors and Students

When you create an account with Fox Tutors, you agree to accept the terms and conditions contained in this Agreement. If you do not agree to these terms and conditions, do not use our Website.

Your account is created automatically. However, Fox Tutors may terminate your participation in the Fox Tutors Program at any time and for any reason, including those reasons stated below, or for no reason at all, in Fox Tutors' sole discretion. Such reasons may include, without limitation, where Fox Tutors believes that:

1. You do not abide by terms and conditions of the Website or are in any other way in breach of this Agreement;
2. You, at any time, are conducting commercial activities that do not fully comply with all applicable local, state and federal laws, rules and regulations;
3. You attempt to recruit, solicit, or contact in any form Students or Tutors for employment or contracting for a business not affiliated with Fox Tutors; For any tutor or student you are soliciting in violation of these Terms and Conditions Fox Tutors may fine you $50 (fifty dollars) per student, user and/or tutor.
4. You, at any time, are conducting any commercial activities on this Website other than the activates contemplated by this Website;
5. Tutors fail to pay any Fox Tutors Program fees through paypal within seven (7) days of when the fees are due;
6. Tutors or students exchange phone numbers, email addresses, websites, twitter, facebook information or any other means that can be used to contact each other without using Fox Tutors’ contact procedures;
7. If we have reason to believe that a Tutor does not meet Fox Tutors’ professional standards. Such reasons may include but are not limited to:
   • Tutor is a convicted sex offender
   • Tutor has a criminal record that includes felonies that suggest that the tutor may endanger other users online and offline.
   • Tutor is in breach of US Labor or Immigration laws;
8. You are under 13 years of age;
9. You are a spammer, or use the Website online and offline to scam other users;
10. You provide false information including but not limited to incorrect names, phone numbers, email addresses, age, education and any other information that could mislead Students or any users;
11. You are malicious and try to disrupt Fox Tutors services online and offline;
12. You slander or otherwise try to damage other users or Fox Tutors; or
13. You try to sabotage Fox Tutors in any of its business practices.

15. COPPA Compliance and Protection of Children's Personal Information

Fox Tutors takes the protection of children’s personal information, as well as the Children's Online Privacy Protection Act of 1998 (COPPA) and FTC regulations regarding marketing to children very seriously. We do not knowingly collect or solicit personal information from children under 13 years old or knowingly allow children under 13 years old to register on our Website. If you are a child under 13 years of age, please do not attempt to register or send any information about yourself to us.

16. Data Backup

Fox Tutors will attempt to keep its Website operational all at all times. But realistically users should be prepared for occasional outages. In the event of a catastrophic outage, user data may be lost. You should keep a backup copy of information you have provided to the Website, and information you have received from other Students and Tutors including contact information and other important communications.

17. Pricing

There is no charge to Students and their parents for the use of the Fox Tutors Program.

There is a small fee for Tutors to receive students’ contact information through the Fox Tutors Program. If you are a Tutor, you agree to pay all charges incurred by authorized users of your account.

Current prices are listed on the Website. Prices and the procedures Fox Tutors uses to charge users are subject to change from time to time without advance notice. All prices are in U.S. dollars.

18. Billing Practices and Payment – Tutors only

This section only applies to Tutors.

Fox Tutors may from time to time offer free trial periods or contact referrals. After you have used up your free trial, you will be required to pay a small fee (yearly and monthly subscription or pay as you go) through paypal in order to continue to receive tutoring referrals.

Monthly and yearly subscriptions renew automatically and will renew without notification. To avoid renewal charges, a Tutor must terminate their account prior to the renewal period.

These payments are for the right to continue to use our Website. We can not and do not guarantee that the use of this Website will lead to a specific minimum number of, or any actual paying tutoring jobs. How many tutoring jobs you get is controlled in part by the market and in part by how you present and market your services. We hope that our Website meets your expectations, but there will be no refunds in the event that it does not meet them.

If you cancel your subscription, you will not receive any pro-rata refund of your fees for any remaining partial time period. You will not receive any refund if you subscribe to the service and choose not to use it or you are not satisfied with the number of students referred to you or the amount of tutoring that you are hired for.

There is no refund or credit for short Fox Tutors Website outages or outages of any kind that are beyond Fox Tutors’ control. Fox Tutors reserves the right to discontinue its Website at any time with or without notice, but if it does, Fox Tutors will attempt to provide pro-rated refunds. If you believe that you are entitled to a refund, you should contact Fox Tutors.

These billing practices and procedures are subject to change from time to time without advance notice.

19. User Content

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you on forms provided by this Website and in the form of email or other submissions to Fox Tutors, are non-confidential and shall become the sole property of Fox Tutors. Fox Tutors shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Fox Tutors will try to keep its Website free of offensive material but Fox Tutors has no obligation to screen, edit or monitor any of the User Content posted on its Website. Fox Tutors takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Fox Tutors liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Fox Tutors is not liable for any statements, representations, responses, comments or other User Content provided by its users. Fox Tutors reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Fox Tutors Website at any time and for any reason without notice.

20. Other Content

The Fox Tutors Program may include third party advertisements and other hyperlinks to other websites or content or resources. Fox Tutors may have no control over any websites or resources which are provided by companies or persons other than Fox Tutors.

You acknowledge and agree that Fox Tutors is not responsible for the availability of any such external websites or resources. Fox Tutors provides these links as a convenience to its customers, and the inclusion of any link does not imply any endorsement of the websites or any advertising, products or other materials on or available from such websites or resources.

You are encouraged to review the privacy policy and terms and conditions of any website that you visit through a link from our Website.

You acknowledge and agree that Fox Tutors is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

21. Non-Endorsement

Fox Tutors operates the Fox Tutors Program as a neutral host, and Fox Tutors does not regularly monitor, regulate or police the use of the Fox Tutors Program by any of its participants. Your participation in the Fox Tutors Program does not constitute an endorsement of you or any third party by Fox Tutors. Fox Tutors is not responsible or liable for the acts, omissions, agreements, promises, services, comments, opinions, advice, statements, offers and other information of any tutor or student or other third party using the Fox Tutors Program.

22. Your Indemnification to Fox Tutors

You agree to indemnify, defend and hold Fox Tutors, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from any claim related to your breach of the Agreement and/or any representation or warranty contained herein or your participation in the Fox Tutors Program in any manner whatsoever.

23. Fox Tutors Warranties and Disclaimers

THE WEBSITE, THE WEBSITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

FOX TUTORS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE WEBSITE, DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF FOX TUTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Fox Tutors will take reasonable steps to assure that its Website and servers are free of viruses, spyware, malware and other harmful components, but it is impossible to guarantee that the Website and servers will always be free of harmful components. Therefore FOX TUTORS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads.

Fox Tutors is not responsible for equipment failure or loss of data at anytime. Fox Tutors does not warrant that its Website will be available 24 hours a day seven days a week. In particular Fox Tutors does not warrant that it’s Website will be free from Internet outages due to technical difficulties, unavailability of services to Fox Tutors, or malicious attacks on the Website.

THE AGGREGATE LIABILITY OF FOX TUTORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEBSITE OR THE WEBSITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FOX TUTORS FOR ACCESS TO OR USE OF THE WEBSITE.

THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FOX TUTORS AND YOU. THE FOX TUTORS PROGRAM AND/OR ASSOCIATED PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”

Other Rights. This warranty gives you specific legal rights. You may have other rights which may vary from state to state, or country to country. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.

24. No Tutor Background Checks

Fox Tutors does not independently verify information provided by tutors AND STUDENTS, and does not run any form of background checks on the tutors who are listed on the Website AND STUDENTS WHO USE THE WEBSITE. In particular, Fox Tutors does not run any criminal background checks on the tutors who are listed on the Website OR THE STUDENTS WHO USE THE WEBSITE. If you are a student or the parent of a student, it is your responsibility to determine the appropriateness of any particular tutor and of the tutoring location. iF YOU ARE A TUTOR, IT IS ALSO YORU responsibility TO DETERMINE THE APPROPRIATENESS OF ANY PARTICULAR STUDENT AND OF THE TUTORING LOCATION.

25. Copyright Complaints

Fox Tutors encourages users of its site to post original content and links to original YouTube videos. This section covers the unlikely event that someone has posted content or linked to material that infringes on another person’s copyright rights.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Fox Tutors has adopted a policy of terminating, in appropriate circumstances and at Fox Tutors' sole discretion, users who are deemed to be repeat copyright infringers. Fox Tutors may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any material on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Andrea Di Gennaro

Full Address of Designated Agent to Which Notification Should be Sent: Fox Tutors, PO Box 15934, Seattle, WA 98115

Telephone Number of Designated Agent: 206-588-6820

E-Mail Address of Designated Agent: copyright@foxtutors.com

In your notification:

• Identify the copyrighted work that you claim has been infringed;
• Identify the content on our site that you claim infringes your copyright;
• Where does the infringing content appear on our site? Please provide URLs to help us locate the content you are reporting; and
• How does the content infringe your rights? (This information is not required by the DCMA but will help us determine what action to take).

You should also include a statement that by submitting this notice, you declare that you have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law. You also declare that the information in this notice is accurate. And finally, you declare under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

26. Copyrights and Trademarks

Unless otherwise indicated, the Website and all content and other materials on the Website, including, without limitation, the Fox Tutors logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Fox Tutors or its licensors or users and are protected by U.S. and international copyright laws. Any use, copying, redistribution and/or publication by you of any part of the Fox Tutors Program, other than as contemplated hereunder, is strictly prohibited.

You do not acquire any ownership rights to the Fox Tutors Program or any material made available by and through the Fox Tutors Program. The availability of the Fox Tutors Program, and the associated material, does not constitute a waiver of any rights related thereto.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website. Such license is subject to these Website Terms and does not include or authorize: (a) any resale or commercial use of the Website or the Website Materials therein; (b) the distribution, public performance or public display of any Website Materials, (c) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the Website Materials other than for its intended purpose. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Fox Tutors, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Website Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

“Fox Tutors”, “FoxTutors.com” and the Fox Tutors logo are trademarks of Fox Tutors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fox Tutors. You may not use any metatags or any other “hidden text” utilizing such trademarks without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fox Tutors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners.

All rights not expressly granted in this Agreement are reserved by Fox Tutors.

27. Force Majeure

Other than for payment obligations arising hereunder, both parties agree that neither party will be liable, or be considered to be in breach of the Agreement, on account of either party's delay or failure to perform as required under the terms of the Agreement as a result of any causes or conditions that are beyond either party's reasonable control and such party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.

28. Electronic Communications

When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive unencrypted communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

29. Electronic Signatures

You acknowledge and agree that by clicking on the “submit” button, or such similar links as may be designated by Fox Tutors as a means of accepting the Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the Agreement pursuant to any applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS AND/OR SERVICES OFFERED BY FOX TUTORS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

30. Singular and Masculine Terms

Whenever necessary in this Agreement and where the context admits, the singular term and the related pronoun shall include the plural, and the masculine term and the related pronoun shall include the feminine.

31. Entire Agreement

This Agreement and the Fox Tutors Website Privacy Policy (“Privacy Policy”), together with all other applicable Fox Tutors operating rules, policies, price schedules, billing practices, and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference, shall constitute the entire agreement between Fox Tutors and you, and supersede all prior written or oral agreements (including prior versions of the Agreement, representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of the Agreement.

To the extent that anything in or associated with the Website, the Fox Tutors Program, the Fox Tutors Privacy Policy, or any other applicable Fox Tutors operating rules, policies, price schedules and other supplemental terms and conditions or documents, is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

32. Law and Venue Applicable

By using this Website, you agree that your use of this Website is governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to principles of conflicts of laws, and that exclusive jurisdiction and venue for any action relating to this Agreement shall be properly laid in the Superior Court of Washington for King County, or in the United States District Court for the Western District of Washington at Seattle.

33. Severability

If the scope of any of the provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties to this Agreement consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.

If any provision or any portion of any provision of this Agreement is held to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions hereof.

34. Tutors are Independent Contractors

The tutors who use this Website are independent contractors, and nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between any tutor and Fox Tutors. You have no authority to make or accept any offers or representations on behalf of Fox Tutors. You are prohibited from making any statement, whether on the Fox Tutors Program or otherwise, that could possibly contradict anything in this Section.

35. Termination

Notwithstanding any of the provisions of this Agreement, Fox Tutors reserves the right, without notice and in its sole discretion, to terminate your use of the Fox Tutors Program, and to block or prevent your access to and use of the Fox Tutors Program.

If you are terminated by Fox Tutors for breach of the Agreement, you shall not be eligible to enter into a new Agreement with Fox Tutors, or any other agreement for other Fox Tutors products and/or services, and any attempt to do so shall be null and void.

Obligations that, by their nature, would survive any termination of the Agreement including, without limitation, this entire paragraph, shall survive any termination of the Agreement.

36. Notice

Fox Tutors may provide notices to you by posting notices or links to notices in your account area. Notices to you may also be made via e-mail, regular mail, overnight courier or facsimile at your contact addresses of record as posted on the Site. If you wish to provide notice to Fox Tutors, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Fox Tutors, P.O. Box 15934, Seattle, WA 98115, United States of America. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Fox Tutors personnel.