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Terms: User Agreement, Terms of Service, Terms of Use, and Privacy Policy Welcome to the website ("Bad Ass Site") for Bad Ass Tutors, a subsidiary of All American Super Services, Inc. ("AASS"). This User Agreement, including our Privacy Policy, governs your use of the Bad Ass Tutors Bad Ass Site. Please read this User Agreement carefully, because by visiting or using the Bad Ass Site, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the Bad Ass Site after any modification indicates your agreement to the new terms. Any party which disagrees with any terms and/or conditions should discontinue the use of our services and this website immediately. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become invalid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement shall be governed by the laws of the state of Nevada. All parties represent and warrant they have no obligations inconsistent with the terms of this Agreement or with undertaking a relationship with Bad Ass Tutors and that the use of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party for the State of Nevada. Terms of Use Web Bad Ass Site Materials, Copyright of the Bad Ass Tutors, and all materials included in it is owned by or licensed to Bad Ass Tutors and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Bad Ass Tutors Bad Ass Site. You may not copy, distribute, enter into a database, display, publish, perform, create derivative works of, transmit, or otherwise use any materials from the Bad Ass Tutors Bad Ass Site (including computer programs or other code), in whole or in part, without the express permission from Bad Ass Tutors or its affiliates. All American Super Tutors grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use. Trademarks Bad Ass Tutors, ALL AMERICAN SUPER SERVICES, SUPERSTUDENT PACKAGE, The Super Tutors Logo, and any other trademarks on the Bad Ass Tutors Bad Ass Site are trademarks owned by Bad Ass Tutors, Inc. ("Bad Ass Tutors Trademarks"). You may not use the Bad Ass Tutors Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. Links, Frames, and Meta-Tags You may link to the home page of the Bad Ass Tutors Bad Ass Site as long as the link does not cast us in a false or misleading light. You may not frame the content of the Bad Ass Tutors Bad Ass Site. You may not use Meta-tags or any other "hidden text" that incorporates the Bad Ass Tutors Trademarks or our name without our express written consent. Disclaimer and Limitation of Liability Bad Ass Tutors, ITS EMPLOYEES, AND INDEPENDENT CONTRACTORS OF Bad Ass Tutors INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS ("CONTENTS") INCLUDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. Bad Ass Tutors HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER Bad Ass Tutors NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES, WHETHER IN ACTION AN ACTION BASED ON STATUTE, CONTRACT, TORT, OR OTHER LEGAL DOCUMENT RELATING TO THE USE OF THIS INFORMATION. THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. Bad Ass Tutors MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE ALL USERS, INCLUDING CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD TO THE Bad Ass Site, MAY NOT LEND, GIVE, SELL, TRADE, TRANSFER, OR DISTRIBUTE THEIR PRIVILEDGES TO ANYONE UNDER ANY CIRCUMSTANCES WITHOUT CONSENT OF Bad Ass Tutors. USERS AGREE TO PROTECT THEIR ACCOUNT INFORMATION AND PASSWORD FROM OTHER CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD OR VISITS THE Bad Ass Site. USERS WHO VIOLATE THIS POLICY ARE IN BREACH OF THIS AGREEMENT AND MAY HAVE THEIR ACCESS AND RELATIONSHIP WITH Bad Ass Tutors TERMINATED WITHOUT REFUND OR THE ABILITY TO RECEIVE FUTURE SERVICES. Bad Ass Tutors DOES NOT OPERATE OR OWN WEBSITES LINKED TO THE Bad Ass Site AND IS NOT RESPONSIBLE FOR THEIR CONTENT, AND HENCE MAKES NO EXPRESSED OR IMPLIED WARRANTIES AS TO THE ACCURACY OF THE INFORMATION. LINKS OF THE Bad Ass Site DO NOT IMPLY THAT Bad Ass Tutors IS AUTHORIZED TO USE ANY TRADE NAME, TRADEMARK, COPYRIGHTED SYMBOL, OR LOGO THAT IS CONTAINED WITHIN THE LINK. Bad Ass Tutors IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR WITH USE OF ANY SUCH CONTENT, GOODS, OR SERVICES PROVIDED BY ANY LINKED WEBSITE OR RESOURCE. Terms of Service Bad Ass Tutors makes no warranty that a client will improve his/her academic performance. THERE ARE NO REFUNDS, ALL SALES ARE FINAL. UNUSED OR REMAINING HOURS CANNOT BE TRANSFERRED TO ANOTHER SEMESTER. WE ARE NOT SUPER TUTORS AFTER ALL, WE ARE BAD ASSES. IF YOU WANT A REFUND GO TO WWW.SUPERTUTORSUSA.COM Tutors are Independent Contractors and solely responsible for their actions. Promoters and Tutor/Promoters are Independent Contractors and solely responsible for their actions, including methods used to promote Bad Ass Tutors, be it postings, word of mouth, and declarations made on their own websites. Under no circumstances are promoters allowed to post advertising that puts Bad Ass Tutors in jeopardy of abusing posting policies and Bad Ass Tutors is not legally bound to the conduct or behavior of its Tutors, Promoters, or Tutor/Promoters. All legal action is between parties other than Bad Ass Tutors. Tutors, clients, and visitors to the Bad Ass Site agree to indemnify and hold Bad Ass Tutors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content on the website, communication with the Bad Ass Tutors, or services provided by the Bad Ass Tutors and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the Bad Ass Site also agree not to hold Bad Ass Tutors liable for any loss in property or data due to the activities of the tutors, promoters, or tutor/promoters and/or students. Tutors are not permitted to have relations with the student/client other than professional, as tutor and student/client, and the tutor may not solicit tutoring from the client for any course/subject once the contract is fulfilled, for the duration of receiving referrals from the tutoring service, and for up to 4 years after the tutor is no longer working with Bad Ass Tutors tutoring service. Clients may not contact or conduct business with the tutors for reasons unrelated to the course/subject for which they are hired during the fulfillment of a tutoring contract or during the semester during which tutoring was conducted. Such violation of the Agreement may void a current purchase of hours by the client and my lead to termination of the tutor and a $500 (five hundred dollars) fine for the tutor or loss of pay. Tutors or Bad Ass Tutors may suspend or declare a contract void, and all remaining hours forfeit, should the Tutor or Bad Ass Tutors believe after reasonable investigation that the Tutor or that Bad Ass Tutors is being subject to emotional or physical abuse or harassment by a student and/or parent/guardian of student, or behavior that leads the tutor to feel uncomfortable during the tutoring session. Re-institution of the contract and remaining hours is at the discretion of Bad Ass Tutors. Tutors have the option of canceling a home appointment if there is not a third person present of age 18 or higher, these hours would then be considered forfeit. For any advance purchase, hours must be completed within a specified time and at a minimum of 2-hours/session once per week (1-hr/session for college). Exemption is made for Christmas break and College Spring Break, one week each. Tutoring is conducted only for the specified course(s) at the time of purchasing a plan. Unused hours during the semester are transferable to another semester but not to another student. Exceptions are made at Bad Ass Tutors' discretion. The student/parent must provide previous day notice to the tutor for cancellations or to re-schedule an appointment; otherwise, failure to do so will forfeit the session (one or two hours as scheduled). Make up sessions must be completed the same week. Upon arrival of the Tutor, if the student is not available, the Tutor must wait 15 minutes, after which time the Tutor may declare the session (one or two hours as scheduled) forfeited. The tutor can cancel an appointment for any reason at any time prior to the appointment. It is not the responsibility of the tutor to re-schedule cancelled appointments or to ensure the weekly minimums. Students are still required to meet the weekly if the Tutor is unable to meet due to illness or other reason, but exceptions are made if the student contacts Bad Ass Tutors during the same week of the missed appointment. Hours missed will not be returned if the client waits until after the week during which a replacement was needed. Terms of Hiring Bad Ass Tutors is an equal opportunity employer and contractor. Bad Ass Tutors provides equal opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Hiring policy for Independent Contractors and promoters relates to all phases of hiring including recruitment, placement, promotion, training, lateral transfers, layoffs, termination, compensation rates, and membership benefits. Tutors are utilized as Independent Contractors; no relationship of employment, partnership, or joint venture agreement is expressed or implied. Bad Ass Tutors is not required to offer benefits such as insurance, Workman's Compensation, Overtime, paid vacations, retirement plans, or other formalities associated with such relationships. Tutors are financially responsible for all expenses related to their work, which including any Federal, State, and Local taxes. Bad Ass Tutors does not guarantee the tutor will get any particular number of students or hours. Estimates may be provided but Bad Ass Tutors is not responsible for the ultimate accuracy of such estimates. Tutors should not rely on Bad Ass Tutors to be their sole provider for income. Furthermore, Bad Ass Tutors does not reimburse tutors for supplies, tuition, transportation, or relocation. Upon relocation, tutors are not required to re-apply but should expect the opportunity to work to be different for each location. Bad Ass Tutors Independent Contractors will be paid no more than 50% of contracts on an hourly basis in Las Vegas, and may be negotiated for tutors outside Las Vegas, and they will keep track of their hours as tutoring is conducted, both on paper and on the Bad Ass Site Members area. Hours may be verified by Bad Ass Tutors by contacting the client. Unused hours will remain unpaid if not used by the client, unless hours are transferred to another semester. Tutors who fail to submit a timesheet via mail, fax, or email, for a semester or quarter, by the second week after a semester either forfeit their remaining unpaid hours. Tutors are required to provide two week written notice, by fax or mail, for resignations; violation leads to forfeit of all unpaid hours for all contracts. Tutors who leave during a semester, who provide the two week notice, may be required to wait until the end of the term to receive payment. Tutors also agree to donate the first two hours of service as a deposit to Bad Ass Tutors; the two hours serve as a trial period to ensure the quality of the tutoring and reliability of the tutor, and they are nonrefundable. These two hours will not be returned even if the tutor provides two weeks notice of resignation in writing. The two hours will be used to support a free tutoring program sponsored by Bad Ass Tutors. If the tutor is responsible, directly or indirectly, for loss of income to the service, loss of a client during or upon completion of a package, or dissatisfaction of client for any other reason, that tutor may be required to forfeit hours performed for the client. Direct causes of loss of income include poor customer service, missing appointments with or without notice, not calling the student back, being unreliable, being unreachable, providing less than two weeks notice of resignation, poor quality of tutoring, or misrepresentation of his/her abilities to tutor a subject, or any other reason. Hours worked may be forfeited whether or not the client remains or gets a refund. Tutors are Independent Contractors and solely responsible for their actions. Promoters and Tutor/Promoters are Independent Contractors and solely responsible for their actions, including methods used to promote Bad Ass Tutors, be it postings, word of mouth, and declarations made on their own websites. Under no circumstances are promoters allowed to post advertising that puts Bad Ass Tutors in jeopardy of abusing posting policies and Bad Ass Tutors is not legally bound to the conduct or behavior of its Tutors, Promoters, or Tutor/Promoters. All legal action is between parties other than Bad Ass Tutors. Tutors, clients, and visitors to the Bad Ass Site agree to indemnify and hold Bad Ass Tutors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content on the website, communication with the Bad Ass Tutors, or services provided by the Bad Ass Tutors and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the Bad Ass Site also agree not to hold Bad Ass Tutors liable for any loss in property or data due to the activities of the tutors, promoters, or tutor/promoters and/or students. Tutors are not permitted to have relations with the student/client other than professional, as tutor and student/client, and the tutor may not solicit tutoring from the client for any course/subject once the contract is fulfilled, for the duration of receiving referrals from the tutoring service, and for up to 4 years after the tutor is no longer working with Bad Ass Tutors tutoring service. Clients may not contact or conduct business with the tutors for reasons unrelated to the course/subject for which they are hired during the fulfillment of a tutoring contract or during the semester during which tutoring was conducted. Such violation of the Agreement may void a current purchase of hours by the client and my lead to termination of the tutor and a $500 (five hundred dollars) fine for the tutor or loss of pay. Tutors or Bad Ass Tutors may suspend or declare a contract void, and all remaining hours forfeit, should the Tutor or Bad Ass Tutors believe after reasonable investigation that the Tutor or that Bad Ass Tutors is being subject to emotional or physical abuse or harassment by a student and/or parent/guardian of student, or behavior that leads the tutor to feel uncomfortable during the tutoring session. Re-institution of the contract and remaining hours is at the discretion of Bad Ass Tutors. Tutors have the option of canceling a home appointment if there is not a third person present of age 18 or higher, these hours would then be considered forfeit. For any advance purchase, hours must be completed within a specified time and at a minimum of 2-hours/session once per week (1-hr/session for college). Exemption is made for Christmas break and College Spring Break, one week each. Tutoring is conducted only for the specified course(s) at the time of purchasing a plan. Unused hours during the semester are transferable to another semester but not to another student. Exceptions are made at Bad Ass Tutors' discretion. Terms of Product Ownership Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed by or in part by Bad Ass Tutors in connection with the Services shall be the exclusive property of Bad Ass Tutors. This includes but is not limited to research studies and assessment development in which the tutor, client, or other party participates. Upon request, Tutor shall sign all documents necessary to confirm or perfect the exclusive ownership of Bad Ass Tutors to the Work Product. Tutors may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services without explicit permission provided directly from Bad Ass Tutors management. Tutors acknowledge that all Bad Ass Tutors students are exclusive clients of Bad Ass Tutors and Tutor shall not render services to said clients independent of Bad Ass Tutors, for the specific course(s) for which the Tutor was referred or for any course/subject regardless of whether Bad Ass Tutors offers it/them, while currently working with Bad Ass Tutors and for 4 years after resigning from Bad Ass Tutors. If Tutor renders services to Bad Ass Tutors clients, independent Bad Ass Tutors, and under any circumstances, regardless of whether or not Tutor accepts payments for said services, Tutor then agrees to pay Bad Ass Tutors, Two Thousand Five Hundred Dollars ($2,500), to compensate Bad Ass Tutors for Tutor's breach of contract and interference with Bad Ass Tutors business practice. In addition, if Bad Ass Tutors incurs attorney fees and cost in attempts to enforce this clause, then Tutor will be liable for said attorney fees and costs. Tutors agree to Confidentiality with Proprietary Information and with the privacy of our customers, staff, and other Tutors. Tutors will be required to enter into a Non-compete Agreement and submit their Social Security Number before any students will be assigned to them. The tutor grants permission to Bad Ass Tutors, its affiliates, and even serious customers, to do a "Background Check" as necessary. The tutor agrees to provide complete and truthful information to Bad Ass Tutors, its affiliates, and all customers on all documents and during all communications without exception. Tutors agree to permit biographical information to be posted on the Bad Ass Site in the public domain, to include their first name only, nickname, education, experience, and courses they tutor. Tutor agrees not to use profanity or other controversial language or ideas which our viewers might find offensive; such conduct might possibly lead to their termination. Tutors grant Bad Ass Tutors permission to edit, copy, publish, distribute, translate and otherwise use in any medium content they provide without limit or compensation. Bad Ass Tutors has the right to terminate the use of a tutor at anytime with or without cause. Upon the termination, the tutor agrees to return any and all copies of proprietary materials and writings received from, created for, or belonging to Bad Ass Tutors, including, but not limited to, those which relate to or contain Proprietary Information and Company Records that are in the tutor's possession or under the their control. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination. Tutors are required to give no less than fourteen (14) days written notice of resignation. Tutors who resign without two week written notice agree to forfeit all wages owed to them or to forfeit the deposit, whichever is greater, and to pay all legal fees that Bad Ass Tutors incurs in pursuing this in court. Super Tutors will pay all compensation due 60 days of resignation or termination date or at the end of the semester. Tutor must give two (2) week notice for any interruption of availability, such as taking a vacation or for any other reason. If the tutor has a competent replacement, that replacement must be approved by Bad Ass Tutors prior to taking the client. Privacy Policy Bad Ass Tutors, its staff, and its Independently Contracted Tutors are required to respect the confidentiality of personal information and the privacy of individuals, for both clients and Tutors, and we will not at any time or in any manner, either directly or indirectly, use for the personal benefit, or divulge, disclose, or communicate in any manner any confidential, personal information. Bad Ass Tutors utilizes procedures to protect the personal information it holds from misuse, loss, unauthorized access, modification or disclosure, by using various methods which include limiting the number of people who have physical access to our database servers and password protection for all files. Bad Ass Tutors cannot guarantee the protection of personal information stored on or transmitted to and from our system over the internet and is not liable for release of such information due to factors beyond our control. Occasionally, Bad Ass Tutors might contact you to request feedback about your experience with our service. We may send out newsletters or promotions to our clients and Tutors for special announcements, upcoming events, to offer discounts, or other reasons. Clients or Tutors may wish to be excluded from contact by "unsubscribing" via email, website, phone, or mail. Any false accusations that we are contacting you without permission will be reported to authorities and pursued by legal action as necessary. NON-COMPETE AGREEMENT Independent Contractors: For good consideration and as an inducement for Bad Ass Tutors to conduct business with the Tutors, Promoter, Tutor/Promoter, or Trainer), the Independent Contractor hereby agrees not to directly or indirectly compete with the business of Bad Ass Tutors and its successors in the city in which the Tutor tutors for Bad Ass Tutors and assigns during the period of Independent Contracting and for a period of 4 (four) years following termination of employment and notwithstanding the cause or reason for termination. The tutor agrees to pay Bad Ass Tutors a $10,000 fine and all legal fees incurred in the collection of this fine. The term "not compete" as used herein shall mean that the Independent Contractor shall not own, manage, operate, or consult in a business substantially similar to, or competitive with, the present business of Bad Ass Tutors or such other business activity in which Bad Ass Tutors may substantially engaged during the term of Independent Contracting. A tutor may work for competing services during Independent Contracting and for up to 4 years after termination only if given written permission by Bad Ass Tutors, on a case by case basis. This permission can be revoked at any time for any reason. The Independent Contractor may continue to advertise and promote his/her own tutoring, acquire his/her own clients, or if given written permission, may work for another tutoring service, but only as long as trade secrets and company policies are not divulged to their clients or to competitors of Bad Ass Tutors. The Independent Contractor acknowledges that Bad Ass Tutors shall or may in reliance of this agreement provide Independent Contractor access to trade secrets, customers and other confidential data and good will. The Independent Contractor agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
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