Terms of Service
Welcome to Crainly and thank you for your interest in www.crainly.com (the "Website", “Site” or "platform"), owned and operated by Crainly, LLC, a California Limited Liability Company (“Crainly,” "company", “us”, "our" or “we”). Crainly provides this marketplace Website to individuals seeking tutoring services (“Students”) and to Individuals seeking to provide those tutoring services (“Tutors”). Any party, including Students, Tutors and visitors to this Website may be referred to hereafter as the "user" or "you" throughout the Terms of Service and our Website. The Website constitutes our service (the "Service" or "Services"). Unless otherwise specified, all references to the Services include the marketplace services available through the Crainly Website, as well as any software that Crainly provides to you that allows you to access the Services.
The following Terms of Service are a legally binding contract between you and Crainly regarding your use of the Service. Please read the following Terms of Service ("Terms" or "Agreement") carefully before accessing or using any of the Services. Each time you access or use the Service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
You acknowledge that Tutors are independent contractors and that Crainly is not a party to any assignment, engagement, agreement, arrangement, job, service or transaction between users of our platform for the hiring or performance of the Tutor's service. No agency, partnership, joint venture, or employment relationship between Crainly and any user of our Services is created as a result of these Terms of Service or any user's access to, or use of, any part of the platform.
Crainly does not endorse any users of our Services and has no control of the services, job or work to be performed by Tutors, or the payment for the same by the Student. It is within the sole and absolute discretion of the users of our Services to engage one another through our Services. You should always exercise responsibility, due diligence and care when deciding whether to engage, hire or have any interaction with any other user as a Student or a Tutor.
You agree that the use of our Services is at your sole risk and by using the platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties and not Crainly. You agree not to attempt to impose liability on, or seek any legal remedy from Crainly with respect to such actions or omissions.
Furthermore, you hereby agree that Crainly shall have no liability for any damages or injuries resulting from your use of our platform or any engagement and interaction with another user by reason of your access to, and use of, our platform or Services.
In addition, certain areas of our Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
Crainly may change this Agreement at any time by posting an updated Terms of Service on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be conclusively deemed to have accepted the changes.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Description of Service
- Crainly is an online marketplace venue that connects students with local tutors in the subject areas that the Student needs assistance with. The Student, once registered with Crainly, can search our database for a Tutor using subject matter and geographical filters to produce a list of suitable Tutors in their desired location. Student can assess the Tutors profile and any reviews left by other Students, then select a Tutor and schedule a session. Tutors set their own rates and conditions. Payment for the Tutor is made though the Crainly, secure payment portal we provide you.
- The Service includes Crainly content, systems, procedures, processes and technologies, and; any hardware, software, applications, data, reports, and other content made available by or on behalf of Crainly.
- The Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
- Any modifications and new features added to the Service are also subject to this Agreement.
- Crainly reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Crainly.
- Eligibility for Our Service
- Students: By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with parental or legal guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms, and will provide proof thereof to Crainly upon registration with our Service.
Tutors: All Tutors must be 18 years of age or older to be eligible to provide tutoring services.
- ALL TUTORING SESSIONS INVOLVING A STUDENT UNDER THE AGE OF MAJORITY SHOULD BE SUPERVISED BY A PARENT OR A LEGAL GUARDIAN.
- If you are a Tutor, you further represent and warrant that you have attained the above required age of 18 years or older, and have received any required legal authorization or licensure, permitting you to work in the jurisdiction or territory in which you will perform any services.
- As a user of our Services you represent and warrant that you have not been, and currently are not, the subject of any criminal complaint, action or restraining order for any offence involving violence, fraud, larceny, theft, abuse, neglect or any offense that involves endangering the safety of others, including without limitation any sexual or child abuse offenses, and you are not required to register as a sex offender in any jurisdiction.
- Crainly does not regularly conduct personal or criminal background screenings on its users, but reserves the right to conduct any such background check, at any time and using available public records, to confirm your compliance with these and any other terms of this agreement.
Tutor Background Screening
- All Tutors are required to agree and submit to a personal or criminal background screening performed by the independent service Checkr. The background screening will include, a National Criminal Search, Sex Offender Search, SSN Trace and Global Watchlist Search. Those Tutors that have been accepted to participate in the Crainly Services following the results of the background screening will have the date of the Checkr report displayed on their Crainly profile.
- Crainly, does not conduct any personal or criminal background screening subsequent to the initial screening required in Section 3.a., although we reserve the right to do so.
- Crainly shall not be held responsible or liable to any user of our Service for any information, charges or offences that do not appear on, or have occurred subsequent to the date of the initial screening report.
- Notwithstanding the foregoing, you are solely responsible for determining the identity, suitability and for your interactions with the people you choose to engage with through the Service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property.
- Accounts and Registration
- To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, personal photograph (for your profile) date of birth, e-mail address, physical address, phone number or other personal information). Tutors on our Website must provide us with a full face personal photograph that will be displayed to all users in your profile, and may also be required to provide, without limitation, your business entity information, a driver license, picture ID, second form of ID, work experience certificate, information regarding any credentials, licenses or registration and copy of diploma. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity, education, experience or academic credentials. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- Keep Your Password Secure. If you have been issued an account by Crainly in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Crainly, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Crainly immediately.
- Keep Your Details Accurate. Crainly may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
- Payments and Taxes
Users acknowledge that Crainly reserves the right to charge service fees for any portion of our Services. Students must at all times use the Crainly secure payment portal that we provide for you to pay the Tutor for their service. Crainly will distribute the payment to the Tutor. A failure to make your payment though the Crainly secure payment portal is a breach of the terms of this agreement and may result in the termination of the Student's and/or the Tutor's access to our Services. All balances and all fees, charges, and payments collected or paid through the Services are in US dollars.
- Payments by Students to the Tutor for their services will be processed by PayPal, or any other secure third party payment processing service that we may make available to you, using the credit card information or other method of payment you have provided to Crainly during registration or at the time of hiring a Tutor.
- Crainly is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, a Student's mistaken submission of payment information or submission of erroneous payment information. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your personal financial information, you must contact the third party providing the method of payment, your credit card issuer or your bank, and not Crainly.
- Each Student authorizes Crainly to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the user is using our Services.
- Each Tutor authorizes us to obtain credit reports or other background inquiries from time to time to assess the Tutor's eligibility to continued use of the Services.
- Each Tutor authorizes Crainly to direct all payments, after deduction of any Crainly platform service fees, to their registered bank account via the authorized payment platform used by Crainly. Crainly reserves the right to hold payments related to fraud or theft until clearance has been granted for the said payment.
- All users of the Service (and not Crainly) will be liable for any taxes (including VAT, if applicable, required to be collected on the Services and remitted to the appropriate federal, state and local authorities.
- All payments are non-fundable unless they meet the criteria of our "Satisfaction Guarantee" in Section 6 of this Agreement.
We want to make sure that our users are satisfied with their Crainly experience and our Tutors. If a Student is not satisfied with their tutoring session with a new Tutor Crainly will refund the Student their payment for the first hour of the lesson (1 hour). This satisfaction guarantee only applies to the Students first session with a new Tutor. If you wish to request a refund, please contact us at [email protected].
- No Circumvention
Users that have a account with Crainly are prohibited from circumventing Crainly for the purpose of engaging one another for tutoring work or services. Users may not contact another user in any manner whatsoever with the intent and purpose of avoiding Crainly Services. Any violation of this non-circumvent term will result in the immediate termination of one or both users account(s).
- Independent Contractors; No Guarantees, Warrantees or Endorsements
The Tutor users of our Services are independent contractors and Crainly is not a party to any relationship, dealings or contract between users, including proposals, selection, contracting, and performance of Tutor's services. Crainly is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. Crainly does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Services provided by Tutors, nor of the integrity, responsibility or any of the actions or omissions of any Tutors or Students. Crainly makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Tutors through the use of the Services, whether in public, private, in online or offline interactions, or about the accreditation, registration or licensing of any Tutor.
In furtherance of the above:
- Crainly is not a party to any agreement for Tutor services and does not itself offer to perform any Tutor services or work.
- The users are not employees or agents of Crainly.
- Crainly is not an agent or representative of the user.
- Crainly does not, in any way, supervise, direct, or control the Tutor or the Tutor’s work.
- Crainly makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Tutor services, including, without limitation, All Warranties, Express or Implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
- Crainly does not set Tutor’s work hours, work schedules or location of work.
- Crainly does not intervene in any transaction between the users. If you have any issues with a Student or Tutor respectively, you must resolve it between yourselves.
- Crainly Services may identify a user with a title, nevertheless, Crainly does not endorse or recommend the services of any particular user and we do not independently verify their representations about their services, their qualifications, their background, their identities, the ability of Tutors to deliver their services, nor do we validate any reviews. It is the sole responsibility of each Student user to evaluate the Tutor and their qualifications to perform the work or service.
- Crainly does not deduct any amount for withholding, unemployment, Social Security, or other taxes for the Tutor.
- Tutors are solely responsible for any taxes they are required to collect and remit to any federal, state, or local tax authority.
- licenses, Permits and Tutor Qualifications Crainly does not request or verify any Tutor's professional credentials, license, permit or qualifications. Users must determine for themselves whether a Tutor is licensed and qualified to perform the tutoring services requested.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may have "publicly accessible areas" that allow users to post User Content (defined hereafter) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Crainly shall not, under any circumstances, be liable in any way for any User Content.
- You shall not use any communication systems provided on our Services including, without limitation email and chat services for any commercial or solicitation purposes or to circumvent our Services.
- You shall not solicit for commercial purposes any users of our Services, that is not intended by the purpose of our Services, without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services.
- Academic Integrity
As a condition of using our Services, all Students and Tutors alike, shall maintain the highest degree of academic integrity and honesty and shall not use our Services to breach those standards of academic integrity by soliciting or offering to complete a Students responsibilities, including without limitation, assignments, homework, essays, reports, or taking or completing any required tests, quizzes or exams on behalf of a Student.
- Selecting A Tutor; Webcam Video Sessions
- Tutors on our Service have voluntarily provided their profiles themselves ("Self Reporting"), including without limitation, their education, degrees, credential, and experience. You are solely responsible for investigating and determining the identity, credentials, experience and suitability of the Tutor you choose to engage for their service.
- In order to accurately provide you with a selection of suitable Tutors in your particular location, we will ask you to provide your location when you search for a Tutor.
- Students can connect with a Tutor via a webcam video session during the Tutor selection process.
- Students and Tutors can also elect to conduct the tutoring session using a webcam video session.
- Privacy and Your Personal Information
- Information Accuracy
- We make no representation as to the completeness, accuracy, or currency of any information on the Service or other content available on this Site.
- We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and Crainly disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
- Proprietary Rights
- As between Crainly and you, Crainly or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Crainly.
- Intellectual Property Rights
- Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by Crainly. You may not use the Proprietary Marks without our prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
- You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
- Use of Our Content
- We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
- User Content Rights and Related Responsibilities; License
- "User Content" means, without limitation, any messages, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions, documents, or any other content you upload, transmit or otherwise make available to Crainly and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Crainly and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
- By submitting User Content on or through the Service, you grant Crainly a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
- You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
- Crainly expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it's loss.
- You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Crainly resulting therefrom.
- Crainly may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
- Crainly has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
- You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
- Impersonate any person or entity.
- Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
- Advocate for or harass or intimidate another person.
- Promote information that is false or misleading.
- Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
- Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Transmit anything that exploits children or minors or that depicts cruelty to animals.
- Solicit personal information from anyone under the age of 18.
- Use the service in an illegal manner or to commit an illegal act.
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
- Promote material that exploits people in a sexual, pornographic or violent manner.
- Provide instructional information about illegal activities.
- Infringe upon someone else's trademark, copyright or other intellectual property or other rights.
- Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers, which are not in accord with the purpose for which this platform was designed.
- User Comments
Crainly does not investigate any posted user reviews, comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that Crainly is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Crainly reserves the right to remove user comments or information that, in our sole judgment, violates this Agreement or negatively affects our Services.
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Suspension and Termination of Services
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- Third Party Links, Services and Content
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Crainly Services may now or in the future provide users the ability to participate in private chat communication activities ("Messages"). Crainly does not monitor or moderate these Messages. All users agree that Crainly shall not be responsible or liable for any content exchanged in any Messages between users. Furthermore, although we are not obligated to do so, we reserve the right at all times, without liability to us, to i) remove or refuse to distribute any Messages on the Service; ii) to suspend or terminate users; and iii) block participants from using Crainly Services. Users may report any content or actions of users that violate any of the terms of this Agreement by contacting us at [email protected].
- Electronic Transactions
- Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions, payments and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions, payments and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Third Party Social Networking
Violating the security of our Website and Services is prohibited and may result in criminal and civil liability. Crainly may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: [email protected]
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: [email protected] with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of New Jersey, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action
- Crainly Verification Disclaimer; Release
- IT IS THE USERS SOLE RESPONSIBILITY TO PERFORM OR OBTAIN ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS, INCLUDING, WITHOUT LIMITATION A CRIMINAL BACKGROUND CHECK AND A SEX OFFENDER REGISTRY CHECK.
- CRAINLY MAY, AT OUR SOLE AND EXCLUSIVE DISCRETION, PERFORM A BASIC BACKGROUND SCREENING ON ANY USER BY UTILIZING THIRD PARTY SERVICES AS APPROPRIATE. ALTHOUGH CRAINLY MAY REQUIRE BACKGROUND SCREENING OF USERS, WE ARE NOT REQUIRED OR OBLIGATED TO DO SO AND CANNOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE AND THEREFORE, CRAINLY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF IDENTITY OR BACKGROUND SCREENING INFORMATION OR ANY INFORMATION PROVIDED THROUGH THE CRAINLY SERVICES BY THE USER.
- FURTHERMORE, CRAINLY MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTY THAT ANY TUTOR'S REPRESENTATIONS ABOUT THEIR SERVICES, THEIR QUALIFICATIONS, THEIR LICENSES, THEIR CREDENTIALS, THEIR BACKGROUND, THEIR IDENTITIES OR THE ABILITY OF TUTOR TO DELIVER THEIR SERVICES. IT IS THE SOLE RESPONSIBILITY OF EACH STUDENT TO EVALUATE THE TUTOR AND THEIR QUALIFICATIONS TO PERFORM THE THEIR SERVICE.
- YOU AGREE TO RELEASE CRAINLY, OUR AGENTS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CRAINLY SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.
- Interaction With Others
- ALL TUTORING SESSIONS INVOLVING A STUDENT UNDER THE AGE OF MAJORITY SHOULD BE SUPERVISED BY A PARENT OR A LEGAL GUARDIAN.You are solely responsible for determining the identity, suitability and for your interactions with the people you choose to engage with through the service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property. We make no representations or warranties as to the conduct of the people you choose to interact with. While not obligated to do so, Crainly reserves the right at its sole discretion to conduct any criminal or other background check or screenings at any time and using available public records.
- You assume all risk when using the services, including, without limitation, all risks associated with any online or offline personal interactions with others.
- YOU MAY IN YOUR SOLE AND INDEPENDENT DISCRETION CHOOSE TO HAVE YOUR TUTORING SESSION AT ANY LOCATION THAT THE STUDENT AND THE TUTOR AGREE UPON, INCLUDING IN A PARTY'S HOME, HOWEVER IN NO EVENT SHALL CRAINLY, ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR PERSONAL INTERACTION WITH OTHER USERS.
- Disclaimers; No Warranties
- ALL SERVICES AND PRODUCTS AVAILABLE FROM CRAINLY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CRAINLY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “CRAINLY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF THE TUTORS WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
- THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
- THE CRAINLY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
- WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
- IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
- OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT PAID BY YOU TO CRAINLY, IF ANY, OR $100, WHICHEVER IS LESS.
- YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless Crainly and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) serious physical or emotional harm, including death, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- By using the Services, you release, to the maximum extent allowed by law, Crainly, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any serious physical or emotional harm, including death, to you or any third party.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Our Remedies
- You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
- For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the State of California, or a United States District Court for the State of California, in the County of the company's principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with Crainly, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If Crainly has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
- You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
- Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of California, in the County of the company's principal office. You and we agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of California; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California.
- Disputes Between Users
The Crainly platform is a venue for connecting users of our Service and we are not a party to any contact or agreement between users. In the event that you have a dispute with another user, you release Crainly and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Law Enforcement
- Crainly is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Crainly receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Crainly may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Crainly will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
- Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.