Effective 01/16/2011

Please carefully read the following Terms and Conditions ("Terms and Conditions") because they govern your access to and use of the Website and your relationship with MyPhysicsBuddy ("MyPhysicsBuddy", "us", "our" or "we").For the purpose of this agreement, "you" represents the parent, or adult, the student who is using the service.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the site and use of the content found on the sites, including without limitation, the text, software, graphics, images, and all other information and documentation ("the Content"). By visiting or using the site or the Content, you agree to our Privacy Policy.

We grant you a limited license to use the Website for your personal and non-commercial use according to the Terms and Conditions and you agree to abide by the Terms and Conditions by viewing and clicking a box that confirms your acceptance or agreement to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not view, access,use, or become a member of the Website. You agree to periodically review the current version of these Terms as posted on the site.

HOW OUR SERVICE WORKS

1. Get Started

To use the Services, you will need to register on the site in order to obtain an account. Each Member's access to the Website is controlled by the Member's account or email address and password. You are solely responsible for maintaining the confidentiality of your account(s), and password(s) and for all activities and liabilities associated with or occurring under your account(s), and password(s).You agree to (1) Provide accurate information about yourself (i.e.: Only Email, Full Name are required) as prompted by the Service's registration form (such information being "Your Data"), (2) maintain and promptly update Your Data to keep it accurate, and current. Each Member shall be responsible and liable for all activities that occur under the Member's account or password, including any unauthorized use thereof. If a Member requests support from us, the Member hereby grants us, at the time of such request and to the extent necessary, to log into Member's account using Member's password for the purpose of such support.

2. Buy a Package

ALL PACKAGES ARE PAY-AS-YOU-GO. NO CONTRACT. NO AUTOMATIC RENEWAL. CREDIT CARD OR OTHER PAYMENT METHOD WILL BE CHARGED FOR A PARTICULAR PACKAGE THE INSTANT YOU EFFECT THE PURCHASE FOR THAT PARTICULAR PACKAGE. You agree to pay all applicable fees for the package, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable.

3.Start Learning

*Credits
A credit system is used for maintaining your account balance.You get more credits per dollar if you buy bigger packages. You will be deducted 10 credits for every session. For confirmed sessions the credits are deducted instantly from your credit balance. For requested sessions, the credit is deducted as soon as the session request is accepted.

You can buy more credits by choosing the appropriate package. We allow you to buy more credits even if you have sufficient credit balance left in your account.

*Session Booking/cancelling
You are not allowed to book a session if you have insufficient credit balance in your account. You can book several sessions at once in advance provided you have sufficient credit balance available in your account. All sessions are of 50 minutes duration.

You can cancel a confirmed booked session at least 6 hoursprior to the appointment time. We take our booked sessions seriously as a specific tutor needs to be matched to your session, you must advise us at least 6 hours prior to the scheduled session in order to successfully cancel and keep your credits for that session. An email reminder is sent when you request to book a session, when your request is accepted, and also if you cancel your request, or cancel an already confirmed session at least 6 hours prior to the scheduled time.

Do not hesitate to contact mpbcare@myphysicsbuddy.com if any issues arise concerning Session booking and/or cancelling.

*Hours of availability
Currently we provide our tutoring services in Physics from 6:00 PM EST to 2:00 AM EST. Tutors are available during this time. You might not always get a tutor when you need if ALL tutors have already been booked by other students.

*Conduct
You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us in writing.

* Dos and Don'ts of a Live Session
You are supposed to join a session in time. In case you don't join a session even after 15 minutes of the schedule time,the tutor will leave the session and the session will be cancelled. You will not get any credit refund for sessions which you could not make in time.

In case you have lost internet connection due to any reason while the session is in progress, you can rejoin the session, and the work already doneprior to disconnection is NOT lost. In case you are unable to rejoin within 15 minutes, the session will be ended by the tutor.

You can review a session upto 60 days from the date of attending such session.

You are expected to maintain session etiquette with your tutor. We donot accept misbehaviour in any form. The tutor has right to end the session and report to our admin in any event of misbehaviour.

In case you are not satisfied with the conduct of the tutor, you can send a mail to admin at mpbcare@myphysicsbuddy.com giving the details of the session and the incident that happened.

*Academic Quality
We try to ensure adherence to national and local curricula and standards, however this is not a guarantee. Since we provide our services to a Global audience, and syllabus/curricula may differ widely, so if you have any specific demand, you will have to build a good understanding with the tutor you are working with to get your task done. Please note that the symbols/terminology used in different books varies. If you are uncomfortable with the symbols/terminology used by the tutor, you can request him/her for the same. If you want tutor to use the same book as you use, you will have to send a soft copy of your book to him in advance.

*New Services
We may, from time to time, introduce new or additional features, services or materials to the Website which may be a part of, or priced separately from, existing levels of membership at our sole discretion.

*Impersonating other Members
You may not make Submissions that attempt to impersonate, falsely make claim to be, or appear to be coming from, other Members, for example, by creating or using a user account intended to impersonate, mock or antagonize another Member.

Terms and Conditions Overview

MyPhysicsBuddy website ("site"), the services provided ("the Services"), its contracted partners ("partners"), partner's software ("Software") are owned, operated and maintained, as applicable, by MyPhysicsBuddy or its partners("we", "our" or "us"). By (1) using the site or the Services; (2) downloading, installing or using the Software; or (3) paying for someone else to do so, you agree to the terms and conditions set forth (Terms and Conditions). If you do not agree with these terms, neither you nor your designee or giftee,may access, or use (as applicable), the site, the Services or the Software. For the purposes of this agreement, "you" includes a parent who pays for access to the Services. A parent, guardian, or other person who enables a child to access the Services, agrees to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services and/or Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.

1. Services

Through our Services, site and Software, we enable users to connect with independent tutors ("Tutors") who provide live, one-to-one instruction, tutoring and learning services in our proprietary online classrooms (Tutoring Sessions). The Services include, without limitation, keeping track of users' favorite Tutors, facilitating and hosting Tutoring Sessions, and taking feedback from users.

As part of the Services, we interview all Tutors. We do not control, and do not endorse or make any representations or warranties regarding the reliability of the Tutors.

You are solely responsible for the fees and costs associated with your access to and use of the Services. The Services are available whenever Tutors are available to provide The Services.

2. Registration Obligations

To use the Services, you will need to register on the site, obtain an account, username and password, andpay any applicable fees for the service selected. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s).

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.

3. User Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, the Tutors or the Services by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose. You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services andany other means as a part of user satisfaction or other similar surveys, and that these Terms shall be deemedas an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

4. Copyright

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site, the Software or the Services (collectively, "our Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to Canadian and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

5. Confidential Information

You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

6. Links

The site or the Services may provide links to, use other service providers to deliver the Services or direct you to other sites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. You are responsible to read the terms and conditions of such Third Party Sites and are free to not use their services for any reason. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

7. Conduct

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to a Tutor that could be considered personally identifiable information including your address, telephone number, social security number, password or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any tutor, and agree that if any tutor ever discloses such information to you or if he asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us in writing mpbcare@myphysicsbuddy.com.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose such User Content if required to do so by law or if the disclosure is reasonably necessary to comply with any legal process, enforce these Terms, respond to claims that a User Content violates the rights of third parties, or protect our rights, property or personal safety or that of our users and the public.

You agree that if you access our system or Tutors through any method that is in any way improper, or allow anyone else to do so, you will pay us $90 per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system or Tutors. You agree that these costs may at our sole discretion also include our inside and outside attorney time and fees as well as the fees of private investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of the Terms, improper access means any access other than following our defined procedures for creating a valid account and paying for the tutoring you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account.

8. Disclaimer of Warranty; Limitations

THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF.

NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PORTION THEREOF.

9. Indemnification

You agree to indemnify, defend and hold us harmless, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Content or any portion thereof, your connection to the Services, or your breach of these Terms. 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 fully cooperate with such defense and in asserting any available defenses.

10. Trademark Notice

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site or in any Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Canada and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours and others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.

11. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) a notice with the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at mpbcare@myphysicsbuddy.com.

12. Governing Laws

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Canada or its citizens, you may not use this Site and it is your responsibility to ensure your compliance in this regard.

13. Modifications to the Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

14. Termination

Either party may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period, unless you renew or have renewed your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the site and use of the Services. Upon the termination of these Terms you will immediately destroy any downloaded or printed Content.

15. General

These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of Canada applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the Canada. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.