This “Terms of Use” is between you and TuitionHero (“TuitionHero,” “TuitionHero, LLC,” “tuitionhero.org,”, “we”, or “our”) and applies to your use of the TuitionHero website at tuitionhero.org (the “Site”).
Your Use of TuitionHero’s Service
When you utilize TuitionHero, its affiliated applications, and subsidiaries under common ownership or control ("we," "us," and "our") for our sites, products, and Services, you are entering into an agreement governed by the following Terms of Use, applicable laws, and regulations, and you assume responsibility for complying with local laws. The term "Service" collectively encompasses access to information published on our sites, widgets, applications, email notifications, and various tools or media provided by TuitionHero. While we strive to ensure clarity in this agreement, it contains legal language. If you do not agree with any of these terms, refrain from using or accessing our Services.
By accessing and using our Services, you are acknowledging these Terms of Use and our Privacy Policy (collectively referred to as the "Agreement"). It is crucial to thoroughly review our entire Agreement as certain provisions impact your legal rights. These Terms of Use include an agreement to resolve disputes through binding arbitration, including a waiver of class action, as well as important disclaimers, warranties, and limitations on liability.
As a condition of accessing and using the Services, you agree not to employ the Services for any unlawful or prohibited purposes outlined in these Terms, and you commit to complying with all relevant laws and any conditions or restrictions imposed by these terms. The Services are intended for your personal and non-commercial use only, and you are expressly prohibited from using the Services for any other purposes.
We reserve the right to modify how we operate and provide our Services, which may include introducing new services, altering existing services, or suspending, discontinuing, or terminating your access to any or all aspects of our Services.
Account Creation & Personal Information Collection:
By utilizing our Services and sharing your personal information with us, you grant us permission to establish and maintain an account under your name, using the details you provided during the registration process and any additional information gathered in accordance with our Privacy Policy.
Your use of the Service and the features may require the collection and transmission of your personal information in order to provide you with the functionality of the Service. You authorize TutionHero to transmit your information to 3 parties in order to provide you with features such as personalized prequalified rates, quotes and offers from Providers. You understand and agree that in some cases the submission is in the form of an application of credit for a Provider’s products or services.
In the course of delivering our Services, we may also gather Personal Information from you, which has the potential to identify you. This information includes, but is not limited to, your name, email address, educational background, financial details, username, and password. Furthermore, as part of your interaction with our Services, certain Usage Data may be collected. This data encompasses, but is not restricted to, Internet Protocol ("IP") addresses, log files, unique device identifiers, browser specifications, viewed pages, interactions with links, and other usage data obtained through cookies and similar tracking technologies.
You recognize that once your data is submitted to us, we may employ it for research purposes, excluding any personally identifiable information about you. Once your data has been depersonalized, it becomes the exclusive property of TuitionHero, and we reserve the right to utilize it at our discretion.
Through your utilization of our services, you affirm your authorization to furnish us with any data you submit to TuitionHero. Moreover. Please be aware that if you deliberately provide false or misleading data to us, we retain the right to terminate your access to our Services without prior notice.
Our Content
The content and materials provided by TuitionHero through our Services, including text, images, calculations, visual elements, information, data, and computer code (collectively referred to as "Content"), are our property or the property of our third-party licensors, and they are protected by U.S. and international intellectual property laws. You are authorized to use our Content solely within our Services. You are prohibited from copying, altering, selling, reproducing, distributing, republishing, displaying, posting, creating derivative works from, or transmitting our Content in any manner without our explicit prior written consent.
Communication Agreement
When you access our Services or send us an email, you engage in electronic communication with us. By doing so, you agree to receive electronic communications from us. While we may opt for traditional mail as a means of communication, we may also utilize email or publish notifications on our Services to convey information to you. You hereby acknowledge that all agreements, notifications, disclosures, and other forms of communication we transmit to you electronically fulfill any legal obligations that necessitate such communications to be in written form.
3rd Party Links and Intellectual Property
Our Services may include links or provide access to other websites or platforms associated with our advertisers, business partners, affiliates, Service Providers, and various third parties. For instance, we might access your credit report through entities like TransUnion or other credit reporting agencies. It is important to note that these links and access points should not be construed as our endorsement of these third parties or the products and services they offer. We assume no responsibility for the actions or policies of these third parties. Furthermore, we do not engage in the examination or evaluation of any products or services offered by third parties, and we make no warranties regarding their offerings. We cannot guarantee that the terms or rates presented by any specific advertiser, business partner, affiliate, Service Provider, or other third party via our Services represent the most favorable terms or lowest rates available in the market.
Within our Services, you may encounter intellectual property, including company names, product names, service names, and logos, belonging to our third-party partners. It is important to note that neither the Agreement nor our Services confer upon you, whether implicitly, by estoppel, or through any other means, the authorization or right to copy, alter, sell, reproduce, distribute, republish, display, post, create derivative works from, or transmit in any form (including in-line linking or mirroring) any intellectual property owned by our Third-Party partners.
Infringement of Rights
Transmitting, Submitting, or Posting on Our Services
When you transmit, submit, or post information on our Services that is not federally trademarked and/or copyrighted, you automatically grant us and our assigns a worldwide, fully-paid, royalty-free, exclusive right and license to utilize, duplicate, format, adapt, publish, and incorporate such information in any media, including the Content (as defined below). In cases where you have acquired prior written consent from us to transmit, submit, or post federally trademarked and/or copyrighted information on our Services, you automatically grant us and our assigns a worldwide, fully-paid, royalty-free right to use, duplicate, format, adapt, publish, and incorporate such information in any media, encompassing the Content.
You shall refrain from transmitting, submitting, or posting the following on our Services:
Information that breaches our or any third party's copyright, patent, trademark, trade secret, or other proprietary rights.
Information that violates any law, statute, ordinance, or regulation, constitutes trade libel, unlawful threats, harassment, defamation, obscenity, explicit or vulgar content, or any other harmful content that infringes upon our or any third party's rights of publicity or privacy.
Information containing malicious code, including viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or any other programming routines intended to harm, interfere with, intercept, or expropriate any system, data, or personal information.
Chain letters, mass mailings, political campaigning, or any form of spam.
False, inaccurate, or misleading information.
Commercial advertisements or solicitations without our prior written authorization.
Federally trademarked and/or copyrighted information without our prior written consent.
TuitionHero retains the discretion to block or take actions against any individual, at our sole discretion, who repeatedly shares materials that are accused of infringing the intellectual property rights of others.
Our services are for personal use only
The user experience offered by TuitionHero is intended for personal use exclusively. Any utilization of the services or information provided for commercial purposes is strictly prohibited. This represents a licensing arrangement rather than a transfer of ownership, and within the scope of this license, you are not allowed to:
Alter or duplicate the content on our website for commercial purposes.
Infringe upon any copyrighted materials.
Attempt to decompile or reverse engineer any software present on our website(s).
Transmit the materials to another individual or "mirror" the materials on any alternate server.
Should you violate any of these stipulations, this license will terminate automatically and can also be terminated by TuitionHero at its discretion. Upon the conclusion of your access to these materials or the termination of this license, you are obligated to delete any downloaded materials in your possession, whether in electronic or printed form.
Disclaimers
THE SERVICE IS OFFERED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE COMES WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; OR (ii) WARRANTIES ARISING FROM COURSE OF DEALINGS, USAGE, OR TRADE. YOU ACKNOWLEDGE AND ACCEPT THAT NOTHING REGARDING THE SERVICE CONSTITUTES INVESTMENT, LEGAL, AND/OR OTHER PROFESSIONAL ADVICE.
Disclaimer of Liability Examples
Risk Assumption:
You accept all risks and damages arising from your service usage. Any content downloaded through the service is at your own risk, and you're responsible for any resulting computer damage or data loss. The company is not liable for personal injury or property damage resulting from your service use.
Accuracy and Reliability:
We do not guarantee information accuracy or reliability. You should verify all and any information directly with providers.
Informational Purposes Only:
Our content and services are for informational purposes only. You should always consult a financial adviser before making financial decisions.
Service Availability:
We cannot guarantee uninterrupted service access, server security, or freedom from viruses or other harmful components. We disclaim liability for interruptions, unauthorized access, and third-party conduct, among other things.
We Do Not Warranty Other Providers or Third Parties:
We don't guarantee provider or third-party services linked to or from our site. We disclaim liability for third-party sites, offers, and transactions. Your dealings with providers or third parties are between you and them, and our terms don't apply. We don't endorse any particular provider or third party.
No Liability for Relationships:
We do not guarantee approvals or the best offers from providers. We're not involved in provider dealings or responsible for any information displayed on our site from providers. Your dealings with providers are solely between you and them, and we're not liable or obligated in connection with them.
Indemnification
You agree to defend, indemnify and hold harmless TuitionHero, its affiliates, licensors and service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any Third Party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any other party’s access and use of our Service with your unique username, password or other security code; or (vi) any other relating to your violation of these Terms of Use or your use of our Services or Content other than as expressly authorized in these Terms of Use. TuitionHero reserves the right but not the obligation, at our 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.
Governing Law
You acknowledge and agree that: (i) the Service is considered to be solely based in Puerto Rico; and (ii) the Service is considered to be passive and does not establish personal jurisdiction over TutitionHero.org in any jurisdiction other than Puerto Rico. This Agreement will be governed by the laws of Puerto Rico, regardless of conflict of law principles.
Arbitration and Class Waiver Agreement:
We mutually agree to resolve any disputes or claims that may arise between us, including any affiliates, officers, directors, employees, and agents, through final and binding arbitration. This applies to all matters related to our relationship, whether involving third parties or not, arising from this Agreement or prior versions of it, your use of our Services, or any products or services obtained through our Services ("Dispute").
Arbitration Process:
1.1 We will submit the Dispute to a single arbitrator, following the Commercial Arbitration Rules of the American Arbitration Association (AAA), which may include the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules. The AAA rules, procedures for initiating a claim, and details about the arbitration process can be found at www.adr.org.
1.2 Arbitration location and cost allocation will adhere to AAA rules. Alternatively, if permitted by the rules of your local small claims court, you or we may bring a claim there.
1.3 The Federal Arbitration Act governs this Agreement to Arbitrate. The arbitrator will determine if the Dispute is subject to arbitration.
1.4 We both agree to pursue Disputes individually, waiving participation in class actions, class-wide arbitrations, private attorney general claims, or consolidated claims involving another person's use of the site or our services. The right to a trial by jury is waived.
1.5 This Agreement to Arbitrate remains valid even after the termination of our relationship.
Court Jurisdiction:
Unless we agree otherwise, if the Agreement to Arbitrate is deemed unenforceable by a court, your claim isn't covered by it, or you are neither a US nor Canadian resident, all Disputes between us must be resolved exclusively in Puerto Rico.
Change to Arbitration Agreement:
If we modify this Agreement to Arbitrate in the future (excluding changes to notice addresses or site links), such changes won't apply to Disputes filed in a legal proceeding initiated between us before the modification's effective date. The updated terms will apply to all other Disputes covered by the Agreement to Arbitrate, and we'll notify you at least 30 days in advance through our Services and/or by email.
Deactivation and Termination
This Agreement remains in effect until you or TuitionHero deactivate your account (if applicable) and cease all usage of our Services. However, certain sections of the Agreement, inherently designed to persist beyond the Agreement's termination or the conclusion of your usage of our Services or Content, will continue to apply.
Modifications to Our Terms of Use
Our Terms of Use may undergo periodic improvements. We retain the right to effect alterations or updates as needed. In case of significant modifications to how we handle your Personal Information or Usage Data, the revision date on this webpage will be updated. To stay informed about our data protection efforts, we urge you to regularly visit this page for updates. You acknowledge and accept the responsibility of periodically reviewing this privacy policy to remain informed about any alterations. Should you wish to discontinue using our Services due to these adjustments, you have the option to deactivate or terminate your account(s).
The contents of this website are safeguarded by relevant copyright and trademark laws.
If you have inquiries, grievances, or recommendations concerning our Terms of Use, please reach out to us at legal@tuitionhero.org.