Terms and Conditions

GENERAL

MathWizTutors is a dba of Go Smart Solutions, LLC and provides this Site & Service to users seeking math tutoring services (known as "Students") and to users who provide math tutoring services (known as "Tutors"). The term "User" or "Users" or "You" or "you" shall refer to any person who uses, views, accesses, searches, browses or submits any content to the Site. This includes Students and Tutors.

MathWizTutors offers a marketplace for Users (Students) seeking tutoring services and connects those users to Users (Tutors) who provide tutoring services. Students and Tutors control all aspects of the lessons including materials, methods, tutoring rates and payments. We do not dictate how much Tutors charge and are not involved in any lesson material or payments made to the Tutors.

Students are responsible for selecting and contacting the right tutor for their needs. Students should review and investigate each tutor's profile, background check, self-reported experience & credentials, and self-reported education, as well as reviews that were made from other students. ALL In-Person and Remote tutoring sessions should be supervised by an adult.

MathWizTutors and Go Smart Solutions, LLC operates the Site & Service from various locations. We make no representation or guarantee that this website is appropriate or available for use in all locations. Our math tutoring services may not be available in your location and available math tutoring subjects may vary among locations.

MathWizTutors provides a messaging system that allows Tutors and Students to communicate with each other. We will attempt to deliver all of the sent messages from this system to the corresponding User. MathWizTutors, however cannot guarantee delivery of all messages. We cannot control email filters, spam filters or any other transmission issues that may get in the way of delivery.

For Tutors - your tutoring profile is public allowing people, parents and students to view your profile and make contact from your profile via a contact form. We do not guarantee every contact will be valid and cannot control spam or scams. You are solely responsible for validating contacts against spam or scams and should take caution before providing prospects with any personal information such as address.

For Parents or Students - the tutoring job requests you post are public allowing people and tutors to view it and make contact via a contact form. For protective measures Tutor profiles will indicate if a background check has been ran but we do not guarantee every person or tutor will be valid and cannot control spam or scams. You are solely responsible for validating contacts against spam or scams and should take caution before providing prospects with any personal information such as address.

HONESTY AND NO CHEATING POLICY

We have a strict no cheating policy. You acknowledge and agree not to engage in cheating and understand that your account will be disabled if we suspect you are using the MathWizTutors site or service to engage in cheating. You agree not to inquire, request or hire tutors to complete assignments, take tests, take quizzes, do assessments or complete any other work on your behalf. You agree not to use our services for anything that violates the academic honesty policy or any other policies of your school or workplace.

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the owner of this site Go Smart Solutions, LLC reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. Go Smart Solutions LLC reserves the right to terminate a User's use of this site or remove any and all of a User's content at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person 18 or older. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email MathWizTutors with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, Go Smart Solutions LLC hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of Go Smart Solutions LLC and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Go Smart Solutions LLC, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

Site Submission Rules

By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, video, software, images, sounds, data, or other information — that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • constitutes unauthorized or unsolicited commercial advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
  • constitutes or contains "affiliate marketing," "link referral code," or "pyramid schemes" or other business opportunity which requires an up front or periodic payment, pays commission only (unless clearly indicated along with descriptions of the products or services being sold), or requires recruitment of other members, sub-distributors or sub-agents;
  • abuses any limits placed on the service by means of deception or subterfuge including, but not limited to, the use of multiple email addresses, creating multiple membership registrations, or any other means to gain access to the services over what is already provided or intended.
  • constitutes improper data entry known as "black hat" SEO or "spamdexing", use methods such as link farms and "keyword stuffing".

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

JOB POSTING OR REQUEST FOR TUTOR SERVICE

We do not allow spam

By using our Job Posting or Request For Tutor services you agree that all posts you create will be related to the category you create them under and properly represent the service you need. We also do not allow 3rd party postings except through acceptance into our Reseller plan. Only authorized Resellers are allowed to create ads on behalf of non-members. We will remove without notice any posts that have logos or contact information of any third party company.

Furthermore, Member warrants that
  • all postings will have valid contact information on them;
  • they own or have acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear on Member's web page to which viewers of the page are linked; and
  • they are, and will remain through the term of this Agreement, duly licensed in good standing in the state in which its principal office is located.

Background Checks & Third Party Verification Services

Go Smart Solution & MathWizTutors utilizes third party agencies that perform background checks (criminal background checks, sex offender registry checks, credit checks, consumer reports, etc.) among other checks. We do not endorse or make any guarantees or warranties regarding the reliability, accuracy, completeness or timeliness of any of the reports or background checks provided through our site and service. We do not independently verify the information provided in the background checks or consumer reports.

You hereby consent to Go Smart Solutions LLC and MathWizTutors capturing, collecting, disclosing and using the information in the background checks or consumer reports. You understand and agree that we may review and rely on the information in these reports in deciding whether to accept a Tutor into our system, suspend or terminate a User or to research & investigate complaints about a User, but that MathWizTutors and Go Smart Solutions LLC shall not be responsible or liable in any way in the event that any information in these reports about any person is not accurate, timely or complete.

Users who are the subject of background check reports or consumer reports may contact the service provider to dispute the accuracy of such information. We reserve the right to suspend or terminate a User based on information in any of these reports or for any other reason in our sole discretion.

You agree that Go Smart Solutions LLC and MathWizTutors shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate.

Payment Policy

You agree to pay all costs associated with the services you purchase through MathWizTutors. These costs include but are not limited to Tutor account subscription fees and background check fees.

Refund Policy

You agree that after a purchase is made and you are provided with the service or background check you purchased, refunds will not be granted. We use a third party for background checks and after they provide the background check report to you, it cannot be cancelled or refunded.

User Consent

By using our site and services you agree and understand that your information you submit will be sent to the different Tutors or Students that are deemed to match your requests. Once your information is distributed to these Users we cannot guarantee removal of your information from these Users. Additionally, you agree that we are only acting as a transfer agent for submitting your material to other Users and accept as your responsibility to read and agree to the Terms and Conditions as specified by each of those directories; including, but not limited to, allowing other persons or entities to include, embed, attach or otherwise add your content onto sites MathWizTutors had not distributed to. Furthermore, you acknowledge that the MathWizTutors Terms and Conditions as set forth here do not encompass nor extend to any Terms and Conditions that may exist on any of the places we service.

All Users who subscribe to our system or purchase our services and acknowledge that you may be contacted from others who visit your profile, visit your job posting or tutor request or see your information. We are not liable and cannot be held responsible for how different networks and sites display or use your information.

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Go Smart Solutions LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by Go Smart Solutions LLC, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Go Smart Solutions LLC immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Go Smart Solutions LLC shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

International Users

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. and Canada or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.

Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Government Use

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States

USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information, which you post on this site or communicate to Go Smart Solutions LLC through this site (collectively “Submissions”) shall forever be the property of Go Smart Solutions LLC. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by Go Smart Solutions LLC. Go Smart Solutions LLC shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, Go Smart Solutions LLC shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

TRADEMARKS

Go Smart Solutions LLC’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.

THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Go Smart Solutions LLC, are not monitored or reviewed by Go Smart Solutions LLC, and Go Smart Solutions LLC is not aware of the contents of such sites. You acknowledge that Go Smart Solutions LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Go Smart Solutions LLC, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Go Smart Solutions LLC and its licensors have no liability whatsoever from such third party sites and your usage of them.

DISCLAIMER OF WARRANTIES

GO SMART SOLUTIONS LLC, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GO SMART SOLUTIONS LLC, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GO SMART SOLUTIONS LLC, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Go Smart Solutions LLC, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Go Smart Solutions LLC, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Go Smart Solutions LLC, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Go Smart Solutions LLC, MathWizTutors, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Go Smart Solutions LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Go Smart Solutions LLC in asserting any available defenses.

LEGAL COMPLIANCE

Go Smart Solutions LLC may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Go Smart Solutions LLC may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Go Smart Solutions LLC shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Go Smart Solutions LLC for such disclosure.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by Go Smart Solutions LLC from its offices within the State of California, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both you and Go Smart Solutions LLC agree that the statues and laws of the California law shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and Go Smart Solutions LLC also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. Go Smart Solutions LLC makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Go Smart Solutions LLC. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.


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