Please read this User Agreement carefully, because by visiting or using the website, 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 website 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 California. All parties represent and warrant they have no obligations inconsistent with the terms of this Agreement or with undertaking a relationship with Badass 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 California.
Website Materials, Copyright of the Badass Tutors, and all materials included in it is owned by or licensed to Badass Tutors and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Badass Tutors website. You may not copy, distribute, enter into a database, display, publish, perform, create derivative works of, transmit, or otherwise use any materials from the Badass Tutors website(including computer programs or other code), in whole or in part, without the express permission from Badass Tutors or its affiliates. Badass Tutors grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use.
Badass Tutors, Badass Tutors logo, Badass Tutors Logo, and any other trademarks on the Badass Tutors website are trademarks owned by Badass Tutors. ("Badass Tutors Trademarks"). You may not use the Badass 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 Badass Tutors website as long as the link does not cast us in a false or misleading light. You may not frame the content of the Badass Tutors website. You may not use Meta-tags or any other "hidden text" that incorporates the Badass Tutors Trademarks or our name without our express written consent.
Disclaimer and Limitation of Liability
Badass Tutors, ITS EMPLOYEES, AND INDEPENDENT CONTRACTORS OF Badass 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. Badass 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 Badass 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. Badass 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 Badass Tutors WEBSITE, MAY NOT LEND, GIVE, SELL, TRADE, TRANSFER, OR DISTRIBUTE THEIR PRIVILEGES TO ANYONE UNDER ANY CIRCUMSTANCES WITHOUT CONSENT OF THE Badass 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 Badass Tutors WEBSITE. USERS WHO VIOLATE THIS POLICY ARE IN BREACH OF THIS AGREEMENT AND MAY HAVE THEIR ACCESS AND RELATIONSHIP WITH Badass Tutors TERMINATED WITHOUT REFUND OR THE ABILITY TO RECEIVE FUTURE SERVICES.
Badass Tutors DOES NOT OPERATE OR OWN WEBSITES LINKED TO THE SUPERSITE 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 SUPERSITE DO NOT IMPLY THAT Badass Tutors IS AUTHORIZED TO USE ANY TRADE NAME, TRADEMARK, COPYRIGHTED SYMBOL, OR LOGO THAT IS CONTAINED WITHIN THE LINK. Badass 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.
Badass Tutors makes no warranty that a client will improve his/her academic performance unless otherwise stated in the Guarantees. The guarantees for grades require the following:
Guaranteed A or B requires purchase and use of at least 24 hours Guaranteed C requires purchase and use of at least 16 hours
The guarantees for grades also require the following:
- Student cannot skip more than one week for tutoring. Missing two weeks violates the guarantee
- Student must fill out the assessments during the first week of service and return scores by the second week of service
- Student must use all of the hours purchased
The guarantee for grades will be voided if:
- Student runs out of hours and does not purchase more hours to avoid skipping more than a week
- Student drops the class for any reason
- Students who purchase more than the required minimum of hours for guarantees will only be eligible for the free hours required for a guarantee. For example. A student who purchases 50 hours toward a guaranteed A or B package is eligible only for the first 24 hours required for the guarantee.
AFTER PURCHASING HOURS, A STUDENT IS NOT REQUIRED TO STAY WITH ANY TUTOR. THE FIRST HOUR CAN BE RE-USED TO TRY ANOTHER TUTOR UNTIL A SATISFACTORY PLACEMENT IS MADE.
IF NO TUTOR IS ACCEPTED, THE STUDENT IS ENTITLED TO A FULL REFUND, WITHOUT ANY PENALTY FEES.
IF A TUTOR IS ACCEPTED AND THE STUDENT RECEIVES A FIRST SESSION, THE FOLLOWING REFUND POLICY APPLIES:
REFUNDS ARE PROVIDED FOR PACKAGES PURCHASED. REFUNDS ARE GRANTED UNDER THE FOLLOWING CONDITIONS:
- A FULL REFUND WITHOUT FEES IS PROVIDED ON UNUSED PACKAGES IF THE SERVICE IS NOT ABLE TO PROVIDE AN IN PERSON OR ONLINE TUTOR
- A PARTIAL REFUND OF 50% OF UNUSED HOURS IS PROVIDED IF THE SERVICE FINDS AN IN PERSON OR ONLINE TUTOR, AFTER THE FIRST SESSION IS COMPLETE, AND IF THE STUDENT ACCEPTS THE TUTOR AS A SATISFACTORY MATCH.
- A REFUND OF UNUSED HOURS LESS $60 ASSESSMENT FEE IS PROVIDED IF THE SERVICE FINDS AN IN PERSON OR ONLINE TUTOR BUT THE STUDENT DOES NOT MEET WITH THE TUTOR.
Transfer of Hours
A STUDENT MAY TRANSFER HOURS TO ANOTHER QUARTER OR SEMESTER.
IF THE STUDENT DROPS A CLASS OR IF A STUDENT FINISHES A CLASS BUT HAS HOURS LEFT OVER, THE STUDENT MAY TRANSFER UNUSED HOURS TO ANOTHER PERSON BUT THAT PERSON MUST PURCHASE ONE HOUR FOR EVERY HOUR TRANSFERRED.
STUDENTS AGREE THAT SWITCHING TUTORS MAY CAUSE DELAYS IN SERVICE AND MAY PREVENT A STUDENT FROM MAINTAINING THE STIPULATIONS OF THE GUARANTEED PLANS. GUARANTEES ARE NOT GRANTED TO STUDENTS WHO CANNOT WAIT FOR A TRANSFER TO A NEW TUTOR.
Tutors are Independent Contractors and are assumed to be telling the truth about their abilities, and background checks are performed for tutors as requested by tutors. Tutors pay for their background checks. Tutors who have proof of having had a background check will be considered background checked by our service. It is beyond the tutor's control or the control of Badass Tutors to directly affect the outcome of grades, scores on exams, homework, or other assignments. Tutors are not responsible for figuring out what is covered on tests or exams nor is the information they provide guaranteed to be accurate.
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 Badass 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 Badass Tutors in jeopardy of abusing posting policies and Badass 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 Badass Tutors. Tutors, clients, and visitors to the website agree to indemnify and hold Badass 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 Badass Tutors, or services provided by Badass Tutors and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold Badass Tutors liable for any loss in property or data due to the activities of the tutors, promoters, or tutor/promoters and/or students.
Tutor / Student Relationship
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 Badass 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 $2,500 (two-thousand five hundred dollars) fine for the tutor or loss of pay.
Tutors or Badass Tutors may suspend or declare a contract void, and all remaining hours forfeit, should the Tutor or Badass Tutors believe after reasonable investigation that the Tutor or that Badass 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 Badass 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 1-hour/session once per week. Exemption is made for Christmas break and College Spring Break. Tutoring is conducted only for the specified course(s) at the time of purchasing a plan.
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. 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 canceled 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 Badass Tutors during the same week of the missed appointment.
IF A STUDENT IS CAUGHT MAKING SIDE DEALS WITH THE TUTOR, IN WHICH THE SERVICE IS NOT INVOLVED OR WITHOUT PERMISSION OF THE SERVICE, THE STUDENT AGREES TO FORFEIT ALL REMAINING HOURS AND ALL LEGAL FEES INCURRED BY BADASS TUTORS.
Terms of Hiring and Code of Conduct
Badass Tutors is an equal opportunity employer and contractor. Badass Tutors provides equal opportunity to qualified persons without regard to race, color, religion, gender, gender identity, sexual orientation, 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. Badass 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.
Badass Tutors does not guarantee the tutor will get any particular number of students or hours. Estimates may be provided but Badass Tutors is not responsible for the ultimate accuracy of such estimates. Tutors should not rely on Badass Tutors to be their sole provider for income. Furthermore, Badass 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.
Badass Tutors Independent Contractors will be volunteers or paid according to their requested pay. Hours may be verified by Badass Tutors by contacting the client. Unused hours will remain unpaid if not used by the client. Tutors who fail to submit a tutor invoice via email, for a semester or quarter, by the second week after a semester forfeit their remaining unpaid hours. Tutors are required to provide two week written notice, by email, for resignations.
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 a client for any other reason, that tutor may be terminated. 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 if the student gets a refund or issues a chargeback for hours worked.
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 Badass 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 Badass Tutors in jeopardy of abusing posting policies and Badass 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 Badass Tutors. Tutors, clients, and visitors to the website agree to indemnify and hold Badass 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 Badass Tutors, or services provided by the Badass Tutors and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold Badass Tutors liable for any loss in property or data due to the activities of the tutors, promoters, or tutor/promoters and/or students.
The tutor may not accept further tutoring from the actual client, a friend of that client, or from a friend of a friend of a friend of a friend of a friend, and will be responsible for the same liquidative damages policy, for each violation.
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 the discretion of the Badass Tutors.
Tutors agree that they can be contacted by email or text message for invitations to receive students, for invitations to be promoters, and for solicitations from us or from members of the service, and for invitations to come back to be a tutor if inactive.
Tutors agree to permit their profiles to be published on our website and all affiliate websites.
Tutors remain bound by the Terms page even after they declare themselves inactive or if the tutoring service renders them inactive.
Tutors agree to receive our email invitations. If a tutor does not respond by email, the tutor agrees to receive contacts by any means possible, including email to text and phone contact. A tutor must resign if he or she does not wish to be contact by email or phone.
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 Badass Tutors in connection with the Services shall be the exclusive property of Badass Tutors. This includes but is not limited to research studies and assessment development in which the tutor, client, or other party participates.
Upon request, tutors shall sign all documents necessary to confirm or perfect the exclusive ownership of Badass 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 Badass Tutors management.
Tutors acknowledge that all Badass Tutors students are exclusive clients of Badass Tutors and tutors shall not render services to said clients independent of the Badass Tutors, for the specific course(s) for which the tutor was referred or for any course/subject regardless of whether Badass Tutors offers it/them, while currently working with Badass Tutors and for 4 years after resigning from the Badass Tutors.
If a tutor renders services to Badass Tutors clients, independent of the Badass Tutors, under any circumstances, regardless of whether or not the tutor accepts payments for said services, the tutor then agrees to pay the Badass Tutors, Two Thousand Five Hundred Dollars ($2,500), to compensate Badass Tutors for the tutor's breach of contract and interference with Badass Tutors business practice. In addition, if Badass Tutors incurs attorney fees and costs in attempts to enforce this clause, then the 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 submit their Social Security Number before any students will be assigned to them. The tutor grants permission to the Badass Tutors, its affiliates, and even serious customers, to do a "Background Check" as necessary. The tutor agrees to provide complete and truthful information to the Badass 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 website in the public domain, to include their first name only, nickname, education, experience, and courses they tutor. Tutors agree 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 Badass Tutors permission to edit, copy, publish, distribute, translate and otherwise use in any medium content they provide without limit or compensation.
Badass 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 the Badass 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 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 tutor for the duration of the semester. Tutors who resign during a semester or quarter agree to forfeit all wages owed to them or to forfeit the deposit, whichever is greater, and to pay all legal fees that Badass Tutors incurs in pursuing this in court. If the tutor has a competent replacement, that replacement must be approved by Badass Tutors prior to taking the client.
Badass 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. Badass 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. Badass 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, Badass 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 and Tutors may choose 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.
For good consideration and as an inducement for Badass 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 Badass Tutors and its successors in the city in which the Tutor tutors for Badass 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 Badass 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 Badass Tutors or such other business activity in which Badass 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 Badass 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 Badass Tutors.
The Independent Contractor acknowledges that Badass 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.