Terms of Service

Please note that our Terms of Use have been modified as of June 20th, 2022

These Terms of Service (“Terms”) govern your use of the Math Man Olmedo - Private Math Tutoring website (“Site”) at mathmanolmedo.com or any other means provided and authorized by Math Man Olmedo - Private Math Tutor services. Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

1. Restrictions

If the student is younger than 18 years old, all tutoring sessions should be supervised by a responsible adult. Students may be terminated without justification from the Site or the services at any time. You are not permitted to use the Site or the services or submit content to the Site if you are under the age of 13.

2. Rescheduling and Cancellations for Non-URGENT private Sessions

Rescheduling must occur twenty=four hours prior to the session start time otherwise a new session will have to be scheduled. Cancellations and rescheduling must be made by the student or authorized party, and can only be done on the Site. Sessions begin at the scheduled start time. Sessions end at the scheduled end time. Length of session cannot be changed after it is scheduled unless cancelled. Students that are ten minutes late are considered to have cancelled their session and will be charged the full cost of the session. Sessions can only be rescheduled up to two times. If the session is rescheduled a third time, it will be cancelled. No guarantees are made for private tutoring sessions on student performance.

3. Rescheduling and Cancellations for URGENT Private Sessions

Cancellations and rescheduling must be made by the student or authorized party, and can only be done on the Site. Sessions begin at the scheduled start time. Sessions end at the scheduled end time. Length of session cannot be changed after it is scheduled unless cancelled. Students that are ten minutes late are considered to have cancelled their session and will be charged the full cost of the session. No guarantees are made for private tutoring sessions on student performance.

4. Deposits and Coupons

Deposits are non-refundable and are non-transferable. Deposits are charged at the time of the booking. Coupon codes must be applied prior to checkout, and will not be retroactively applied.

5. Academic Honor Code

The services offered on the Site are to be used as a supplement to the academic material taught in the classroom. Tutors on the Site are not allowed to help students in any way that is academically dishonest. This includes but is not limited to cheating, test taking, plagiarism, fraud, or any other method of academic dishonesty that violates a university’s policy. Violation of the policy by a tutor or student will result in the removal from the Site without notice and without explanation.

6. Independent Tutors

The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent businesses engaged by students, independent tutors decide, are responsible for and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the tutoring they provide.

Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other students. If the student is younger than 18 years old, all tutoring sessions should be supervised by a responsible adult.

7. Your Obligations and Conduct

You are entirely responsible for all content that you create, upload, post, send, or receive through your use of the Site (“Content”). Users shall not create, upload, post, send, or receive Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the Math Man Olmedo - Private Math Tutoring services mission or otherwise objectionable to Math Man Olmedo - Private Math Tutoring services; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) 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 or telecommunications equipment. 

Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Math Man Olmedo - Private Math Tutoring services, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:

  • Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

  • Create, upload, post, send, or receive any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;

  • Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.

  • Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

  • Take any action that would undermine any aspect of the Site;

  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;

  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;

  • Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;

  • Post the same content repeatedly or spam - spamming is strictly prohibited;

  • Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;

  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);

  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on Site; or

  • Restrict or inhibit any other User from using and enjoying the Site.

8. Intellectual Property Rights

Math Man Olmedo - Private Math Tutor services grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Math Man Olmedo - Private Math Tutor services, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Math Man Olmedo - Private Math Tutor services reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Math Man Olmedo - Private Math Tutor services. You may like or follow Math Man Olmedo - Private Math Tutor services or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved. 

Except as expressly authorized by Math Man Olmedo - Private Math Tutor services or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Math Man Olmedo - Private Math Tutor services discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by Math Man Olmedo - Private Math Tutor services on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

9. Copyright Infringement

Math Man Olmedo - Private Math Tutor services respects the intellectual property of others, and we ask our Users to do the same. Accordingly, Users may not post, modify, distribute, or reproduce in any way any Content on the Site that is copyrighted material you do not own or have permission to use, without obtaining prior written consent of the copyright owner.Math Man Olmedo - Private Math Tutor services reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.

10. Termination and suspension

Math Man Olmedo - Private Math Tutor services reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.

11. Disclaimer of warranties

USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS Math Man Olmedo - Private Math Tutor SERVICES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. Math Man Olmedo - Private Math Tutor SERVICES MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.

Math Man Olmedo - Private Math Tutoring MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE SERVICES ARE APPROPRIATE FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Math Man Olmedo - Private Math Tutor SERVICES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR Math Man Olmedo - Private Math Tutor SERVICES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Math Man Olmedo - Private Math Tutor SERVICES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO Math Man Olmedo - Private Math Tutor SERVICES FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. 

YOU AND Math Man Olmedo - Private Math Tutorr SERVICES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND Math Man Olmedo - Private Math Tutor SERVICES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Assumption of risk

Users assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. Users shall take all necessary precautions.

14. Indemnification

Users shall indemnify, defend, and hold harmless Math Man Olmedo - Private Math Tutor services and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by Math Man Olmedo - Private Math Tutor services in any way related to your (a) acts and/or omissions on or off the Site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Site. Users must cooperate as requested by Math Man Olmedo - Private Math Tutor services in the defense of such claims. Math Man Olmedo - Private Math Tutor services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Math Man Olmedo - Private Math Tutor services without the written consent of Math Man Olmedo - Private Math Tutor services.

15. Arbitration

This section explains the process of resolving any disputes between Math Man Olmedo - Private Math Tutor services and a Tutor; Math Man Olmedo - Private Math Tutor Services and a Student; or Math Man Olmedo - Private Math Tutor services, a Tutor, and a Student. All disputes shall be resolved through arbitration instead of through the courts.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Nevada or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the tutoring industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

The Arbitrator’s Decision: The arbitrator must base his or her decision on the evidence presented and according to these Terms and governing law, including statutory and judicial authority. The arbitrator may award the same damages and relief on an individual basis that a court might award to an individual under these Terms and applicable law. The arbitrator must issue a written decision, which must contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision is final and binding upon all parties.

Individual Claims Only: YOU AND Math Man Olmedo - Private Math Tutor SERVICES AGREE THAT EACH OF US MAY BRING CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. HOWEVER, A REPRESENTATIVE CLAIM (BUT NOT A CLASS ACTION) MAY BE BROUGHT IN ARBITRATION WHERE OTHERWISE MANDATED BY LAW. UNLESS BOTH YOU AND Math Man Olmedo - Private Math Tutor SERVICES 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, COLLECTIVE OR CLASS PROCEEDING. ALSO, EXCEPT AS MANDATED BY LAW, 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).  EXCEPT AS MANDATED BY LAW, ANY RELIEF AWARDED CANNOT AFFECT OTHER Math Man Olmedo - Private Math Tutor SERVICES USERS.

Location of the Arbitration Hearing: There may be a hearing as a part of the arbitration process. If that is the case, the arbitration hearing will be conducted at a location that is reasonably convenient to all parties with due consideration of their ability to travel and other pertinent circumstances. The judgment of the arbitration award may be entered by any court having jurisdiction thereof.

Attorneys’ Fees: Each party will pay its own attorneys’ fees, unless the law provides that the prevailing party is entitled to have the other party pay its reasonable attorneys’ fees. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court.

Disputes Before Administrative Agencies Not Subject to Arbitration: Notwithstanding anything to the contrary in this arbitration provision, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision: (i) relieves any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevents either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.

Exclusive Judicial Forum If the Arbitration Provisions are Not Enforceable: In the event that a court or arbitrator of competent jurisdiction determines that this arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any dispute in any way related to the use, inability to use, or provision of these Terms is any Nevada State Court or Federal Court sitting in Clark County, Nevada. You hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding and agree not to seek to transfer the matter to a different court for any reason.

16. Injunction

Notwithstanding the Arbitration terms set forth herein, Users agree that any material breach of the Terms will result in irreparable harm to Math Man Olmedo - Private Math Tutor services for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Math Man Olmedo - Private Math Tutor services reserves the right to seek will equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Math Man Olmedo - Private Math Tutor services seeks such an injunction.

17. Notices; modification and termination of services; amendment of terms

Math Man Olmedo - Private Math Tutor services may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Math Man Olmedo - Private Math Tutoring reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Math Man Olmedo - Private Math Tutor services may also delete, or bar access to or use of, all related information and files. Math Man Olmedo - Private Math Tutor services will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Math Man Olmedo - Private Math Tutor services may amend these Terms at any time by posting the amended terms on this Site.

18. Governing law

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of Nevada.

 19. Entire agreement

These Terms constitute the entire agreement between you and Math Man Olmedo - Private Math Tutor services relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Math Man Olmedo - Private Math Tutor services site or third-party products or services.