Last update: July 23, 2015
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("TOS") BEFORE USING THIS SITE. By continuing to access, link to, or use this Web site, or any service on this Web site, you signify YOUR ACCEPTANCE OF THE TOS. Citelighter INC. ("CLI") reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, using or linking to this site. Your access, link to, or use of the Web site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the Web site. Any terms and conditions proposed by you which are in addition to or in conflict with the TOS are expressly rejected by CLI and shall be of no force or effect. Schools, Districts, or similar organizations accessing Citelighter in conjunction with a Citelighter business account also agree to the Citelighter Platform Sales Agreement, as amended from time to time at the discretion of Citelighter, the terms of which can be found here.
If you are a CLI customer utilizing our online Tutoring Services, in addition to all other provisions of this TOS:
We offer a number of tutoring options, all subject to our most current pricing models, which are updated from time to time and will be a part of your contract with us, as agreed between you and us at the time you purchase our tutoring services ("Tutoring Services"). Our initial assessment service, which provides model content to the student, requires the submission of a writing sample, and includes an assessment of the sample by our instructors for your review, requires a one-time fee, as adjusted from time to time. We immediately charge you for this amount upon your purchase of our assessment services. Should you decide to purchase our basic tutoring plan (the "Basic Plan"), we require an additional deposit as agreed between you and us at the time of our contracting. Our Basic Plan includes 12 hours of interactive, one on one instruction by one of our instructors.
After you have purchased our Basic Plan and paid the required initial deposit, we then ship to your designated address a pre-loaded Chromebook for the student's use during the Tutoring Service (for information regarding your use and return of the Chromebook, see section 27(e) below). Upon your receipt of the Chromebook, we then charge your designated credit card for the remaining amounts due under your purchase of the Basic Plan. By signing up for the Basic Plan, you authorize us to charge your designated credit card for both transactions.
Our Tutoring Services are available throughout the year at certain predefined periods. When you sign up for the Tutoring Service, you will be asked to choose your participation in one of the designated periods, which will be set forth on the website during your purchase and checkout process.
We also offer add-on Tutoring Services in addition to our Basic Plan. While enrolled in an online tutoring plan, you may purchase single hours at a fixed rate without upgrading or downgrading your plan. If you choose to purchase additional hours of instruction, we immediately charge your credit card for that additional instruction.
While we hope that you will be completely satisfied with our Tutoring Service, although we know that occasionally you may have an unsatisfactory experience.
If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service. To report an unsatisfactory session you may call us during business hours at 443-770-3031, or you may sign in to your account and use our automated system. If our internal review process determines that your session did not meet our standards of quality, we will issue you one or more additional hours of instruction, which you may redeem at any time during designated times. Such additional hours of instruction must be used within 6 months of the day you receive them.
Through our Tutoring Services, site and Software, we enable users to connect with tutors ('Tutors') who provide interactive, one-to-one instruction, tutoring and learning services on our proprietary online platform (Tutoring Sessions). As part of the Tutoring Services, we require all Tutors to pass a third party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of Tutors' claimed educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Tutors.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Tutoring Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
As an online service the Tutoring Services may periodically be unavailable as we perform regular maintenance and upgrades.
If you do not agree with any part of the terms in this Section 27, neither you nor your designee or giftee may access or use the Tutoring Services. For the purposes of this agreement, "you" means a parent or guardian who pays for access to the Tutoring Services as well as the student who accesses or uses the Tutoring Services. If you are a parent, guardian, or other person who enables a child to access the Tutoring Services, you agree 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.
When you purchase our Tutoring Service, we automatically ship you a pre-loaded Chromebook for use during your instruction. The Chromebook will come in returnable packaging and a pre-paid, pre-addressed return label to return it to us after the conclusion of your instruction.
By purchasing our Tutoring Service and receiving a Chromebook, you agree that you will use the Chromebook only in connection with the Tutoring Service, and will take all reasonable care to prevent damage or other harm to the Chromebook. We require that you ship the Chromebook back to us within 10 business days of the completion of your instructions.
If you do not return your Chromebook within the designated time period, or we determine that your Chromebook has been damaged in any way, you hereby pre-authorize us to charge your designated credit card or other authorized payment method four-hundred ninety-nine ($499.00) for such damage or the failure to return the Chromebook.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITELIGHTER, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CHROMEBOOK FOR ANY ACTIVITY OR CONDUCT OUTSIDE YOUR INTERACTIONS WITH CITELIGHER AGENTS WHILE RECEIVING TUTORING SERVICES.
YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COSTS AWARDED AGAINST OR OTHERWISE INCURRED BY OR IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, SUIT, ACTION, OR PROCEEDING ATTRIBUTABLE TO ANY SUCH CLAIM. CITELIGHTER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH CITELIGHTER IN ASSERTING ANY AND ALL AVAILABLE DEFENSES. YOU ACKNOWLEDGE AND AGREE TO PAY CITELIGHTER'S REASONABLE ATTORNEYS' ARBITRATION AND ACCOUNTING FEES INCURRED IN CONNECTION WITH ANY AND ALL ARBITRATION PROCEEDINGS AND/OR LAWSUITS BROUGHT AGAINST YOU BY CITELIGHTER UNDER THE TOS OF THE WEB SITE AND ANY OTHER TERMS AND CONDITIONS OF SERVICE ON THIS SITE, OR THE SITES OF CITELIGHTER'S AFFILIATES OR SUPPLIERS INCLUDING WITHOUT LIMITATION, LAWSUITS ARISING FROM YOUR FAILURE TO INDEMNIFY CITELIGHTER PURSUANT TO THE TOS.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: