All American Super Tutor terms page

All American Super Tutors

User Agreement, Terms of Service, Terms of Use, and Privacy Policy

Welcome to the website for All American Super Tutors (AAST). This User Agreement, including our Privacy Policy, governs your use of the AAST website.

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 Nevada. All parties represent and warrant they have no obligations inconsistent with the terms of this Agreement or with undertaking a relationship with AAST 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

Website Materials, Copyright of the All American Super Tutors, and all materials included in it is owned by or licensed to AAST and all rights are reserved. You must abide by all copyright notices and restrictions contained on the AAST 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 AAST website (including computer programs or other code), in whole or in part, without the express permission from AAST or its affiliates. AAST grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use.

Trademarks

Super Tutors USA, Super Tutors USA logo, AASTofAmerica.org, AAST Logo, and any other trademarks on the Super Tutors USA website are trademarks owned by All American Super Tutors, Inc. ("AAST Trademarks"). You may not use the AAST 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 Super Tutors USA website as long as the link does not cast us in a false or misleading light. You may not frame the content of the AAST website. You may not use Meta-tags or any other "hidden text" that incorporates the AAST Trademarks or our name without our express written consent.

Disclaimer and Limitation of Liability

Super Tutors USA, ITS EMPLOYEES, AND INDEPENDENT CONTRACTORS OF AAST 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. AAST 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 AAST 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. AAST 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 AAST WEBSITE, MAY NOT LEND, GIVE, SELL, TRADE, TRANSFER, OR DISTRIBUTE THEIR PRIVILEGES TO ANYONE UNDER ANY CIRCUMSTANCES WITHOUT CONSENT OF THE All American Super 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 AAST WEBSITE. USERS WHO VIOLATE THIS POLICY ARE IN BREACH OF THIS AGREEMENT AND MAY HAVE THEIR ACCESS AND RELATIONSHIP WITH AAST TERMINATED WITHOUT REFUND OR THE ABILITY TO RECEIVE FUTURE SERVICES.

Super Tutors USA 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 AAST IS AUTHORIZED TO USE ANY TRADE NAME, TRADEMARK, COPYRIGHTED SYMBOL, OR LOGO THAT IS CONTAINED WITHIN THE LINK. Super Tutors USA 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

Super Tutors USA 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 25 hours
Guaranteed C requires purchase and use of at least 15 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 online the assessments during the first week of service
Student must fill out online the Entry and Exit Survey before the end of the term
Student must use 90% of 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
Student has a learning disability that requires more than 25 hours (only 25 hours will be free)

REFUND POLICY:

AFTER PURCHASING HOURS, A STUDENT IS NOT REQUIRED TO STAY WITH ANY TUTOR. THE FIRST HOUR CAN BE RE-USED TO TRY ANOTHER TUTOR AND ANOTHER 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 BUT NOT FOR THE ASSESSMENT FEE AND NOT FOR A PROCESSING FEE ($35). 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 PARTIAL REFUND OF 100% UNUSED HOURS LESS THE $19.95 ASSESSMENT FEE AND $35.00 PROCESSING 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:

SWITCHING TUTORS:

The independently contracted tutors are assumed to be telling the truth about their abilities, and background checks are performed for tutors as needed. 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 AAST 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 All American Super 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 AAST in jeopardy of abusing posting policies and AAST is not legally bound to the conduct or behavior of its Tutors, Promoters, or Tutor/Promoters. All legal action is between parties other than All American Super Tutors. Tutors, clients, and visitors to the website agree to indemnify and hold All American Super 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 All American Super Tutors, or services provided by AAST and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold AAST 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 AAST 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 AAST may suspend or declare a contract void, and all remaining hours forfeit, should the Tutor or AAST believe after reasonable investigation that the Tutor or that AAST 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 All American Super 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 the discretion of the All American Super Tutors.

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 AAST 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.

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 PAY THE SERVICE $500 FOR LIQUIDATIVE DAMAGES PER INFRACTION AND ALL LEGAL FEES INCURRED TO COLLECT THE FINES.

Terms of Hiring

AAST is an equal opportunity employer and contractor. AAST 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. AAST 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.

AAST does not guarantee the tutor will get any particular number of students or hours. Estimates may be provided but AAST is not responsible for the ultimate accuracy of such estimates. Tutors should not rely on AAST to be their sole provider for income. Furthermore, AAST 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.

AAST Independent Contractors will be volunteers or paid $9 - 50/hour depending on the state and level of the tutor, at the discretion of the service. Hours may be verified by AAST 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 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 All American Super Tutors; the two hours will not be returned. The two hour donation occurs once per academic year, regardless of when the tutor enters the service. The donation will not be required more than once a year even if the tutor takes a leave of absence.

Tutors agree to commit to one quarter or one semester for the term they are contracted for. Otherwise a tutor who resigns, with or without two weeks notice, forfeits all hours on the books for that term. Tutors who attempt a power play, such as refusing students on the basis of dissatisfaction with the service and particularly with delays in payment risk losing their hours, at the discretion of the tutoring service.

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 required to forfeit hours performed for the client and all clients. 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.

If a tutor threatens the management, owner, or any staff member with physical or legal action, the tutor agrees to forfeit all earnings up to that point and until the matter is resolved.

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 All American Super 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 AAST in jeopardy of abusing posting policies and AAST is not legally bound to the conduct or behavior of its Tutors, Promoters, or Tutor/Promoters. All legal action is between parties other than All American Super Tutors. Tutors, clients, and visitors to the website agree to indemnify and hold All American Super 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 All American Super Tutors, or services provided by the AAST and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the website also agree not to hold AAST 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 All American Super Tutors.

Tutors agree that they can be contacted by email 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 that of RateMyTutor.com

Tutors are 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 possibile, 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 AAST in connection with the Services shall be the exclusive property of All American Super 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 AAST 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 AAST management.

Tutors acknowledge that all AAST students are exclusive clients of AAST and tutors shall not render services to said clients independent of the All American Super Tutors, for the specific course(s) for which the tutor was referred or for any course/subject regardless of whether AAST offers it/them, while currently working with AAST and for 4 years after resigning from the All American Super Tutors.

If a tutor renders services to AAST clients, independent of the All American Super Tutors, and under any circumstances, regardless of whether or not the tutor accepts payments for said services, the tutor then agrees to pay the All American Super Tutors, Two Thousand Five Hundred Dollars ($2,500), to compensate AAST for the tutor’s breach of contract and interference with AAST business practice. In addition, if AAST 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 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 the All American Super 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 All American Super 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 AAST permission to edit, copy, publish, distribute, translate and otherwise use in any medium content they provide without limit or compensation.

AAST 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 All American Super 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] [DEL] 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 AAST incurs in pursuing this in court. If the tutor has a competent replacement, that replacement must be approved by AAST prior to taking the client.

Privacy Policy

All American Super 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. AAST 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. AAST 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, AAST 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.

NON-COMPETE AGREEMENT

Independent Contractors:

For good consideration and as an inducement for AAST 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 AAST and its successors in the city in which the Tutor tutors for AAST 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 AAST 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 AAST or such other business activity in which AAST 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 All American Super 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 All American Super Tutors.

The Independent Contractor acknowledges that AAST 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.