Terms and Conditions

Terms of use

    These Terms of Use (“Terms”) govern your use of the ZevoPals website, located at www.ZevoPals.com, any mobile

    applications, and services (“Site”) provided by ZevoKisa LLC (dba “ZevoPals”). 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. General terms

    ZevoPals provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring

    services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or

    “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or

    submits any content or material to the Site. These Terms are entered into by and between ZevoPals and you, and

    you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner;

    and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

    To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms

    shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing

    waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of

    any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new

    provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full

    force and effect.

    2. Services

    The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring

    services. As independent contractors hired by Students, Tutors/ academies control the methods, materials and all

    aspects of the lessons.

    Students select the the activity, we suggest the best tutor for your needs . In making hiring decisions, Students/

    Parents should review and investigate each tutor’s self-reported credentials, education, and experience. ALL

    TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

    ZevoPals controls and operates the Site from various locations and makes no representation that this website is

    appropriate or available for use in all locations. ZevoPals services may not be available in your location, and available

    services may vary among locations. In addition, ZevoPals will attempt to deliver all correspondence sent via the Site’s

    messaging system. ZevoPals does not, however, guarantee delivery of all messages.

    3. Academic honesty

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    You acknowledge and agree that ZevoPals’s services are provided for the purpose of facilitating learning, not

    cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take

    quizzes or otherwise do work on your behalf. Further, you agree not to use ZevoPals’s services for any purpose that

    violates the academic honesty policy or other conduct policies of your school, university, academic institution or

    workplace.

    4. Your obligations and conduct

    In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these

    Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration

    form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to

    maintain and promptly update the Registration Data and any information you provide to ZevoPals, to keep it accurate,

    current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are

    not permitted to use the Site or the services or submit Content to the Site if you are under the age of 18.

    You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site

    (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene,

    pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to ZevoPals or other users

    of the website; (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.

    ZevoPals reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial

    advertisements, or for any other reason it deems necessary.

    You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site

    that ZevoPals, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination

    of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the

    following:

    ●Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation

    rights of privacy and publicity) of others;

    ●Publish, post, upload, distribute or disseminate any 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;

    ●Upload files that contain software or other material 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 materials 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;

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    ●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 use your user name, password or

    membership;

    ●Post the same content repeatedly or spam – spamming is strictly prohibited;

    ●Download any file posted by another user that you know, or reasonably should know, cannot be legally

    distributed 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 or other such

    means);

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

    ●Restrict or inhibit any other user from using and enjoying the Site.

    By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility

    conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all

    laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by

    all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject

    of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any

    offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any

    felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses;

    and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any

    government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance

    pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child

    abuse or domestic violence offenses.

    By using the Site, you understand and agree that ZevoPals may rely on the above Eligibility Conditions

    representations and warranties as true. You understand and agree that ZevoPals may revise the Eligibility Conditions

    from time to time and require new conditions and certifications and that User will abide by such revised Eligibility

    Conditions or discontinue using the Site.

    You hereby authorize ZevoPals to verify the above representations and warranties by you and you acknowledge and

    agree that ZevoPals shall have the right, but not the obligation, to verify such representations and warranties. You

    agree and understand that such verification may include, without limitation, conducting criminal background checks,

    sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of

    available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You

    further agree that ZevoPals may take such action as it, in its sole discretion, deems appropriate, including without

    limitation suspending and/or terminating your use of the Site, should it determine that you have violated any

    representation or warranty.

    The preceding paragraph notwithstanding, you understand and agree ZevoPals does not conduct background checks

    of any User. You also understand and agree ZevoPals neither confirms nor denies the validity of information provided

    by Users and that ZevoPals does not verify that any or all of the Eligibility Conditions are met by Users. You

    understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR

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    SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING

    OTHER USERS.

    ZevoPals expressly disclaims, and you expressly release ZevoPals from, any and all liability whatsoever for any

    controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy,

    untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or

    misrepresentations made by any User.

    ZevoPals reserves all of its rights under the Communications Decency Act, including without limitation its right to

    remove anything objectionable to ZevoPals in its sole discretion. Alleged improprieties by any User may be reported

    to ZevoPals by email at info@ZevoPals.com.

    5. Third party reports

    ZevoPals may utilize third party consumer reporting agencies that perform, among other things, criminal background

    checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications

    (“consumer reports”). ZevoPals does not endorse or make any representations or warranties regarding the reliability

    of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports.

    ZevoPals does not independently verify information in the consumer reports.

    You hereby consent to ZevoPals collecting, using and disclosing the information in the consumer reports. You

    understand and agree that ZevoPals may, in its sole discretion, review and rely on the information in the consumer

    reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that

    ZevoPals shall not be responsible or liable in any way in the event that any information in the consumer reports about

    any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of

    consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such

    information. ZevoPals reserves the right to suspend and/or terminate User based on information in the consumer

    reports or for any other reason in ZevoPals’s sole discretion.

    6. Confidentiality of ZevoPals information

    You may obtain direct access via the Site to certain confidential information of ZevoPals and its affiliates, including

    without limitation technical, contractual, product, program, pricing, marketing and other valuable information that

    should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information

    in strict confidence. All right, title and interest in the Confidential Information remains with ZevoPals and its affiliates.

    The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally

    sufficient evidence: (a) you possessed prior to your receipt from ZevoPals, without an obligation to maintain its

    confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise

    without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation

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    to keep such information confidential; (d) you independently developed without the use of Confidential Information

    and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or

    other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under

    these Terms and as disclosed after prior notice to ZevoPals adequate to afford ZevoPals the opportunity to object to

    the disclosure.

    7. Content submitted to the site

    ZevoPals does not claim ownership of the Content that you place on the website and shall have no obligation of any

    kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with

    this website shall be deemed to be provided on a non-confidential basis. ZevoPals shall be free to use or disseminate

    such Content on an unrestricted basis for any purpose, and you grant ZevoPals an irrevocable, worldwide,

    royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and

    publish such Content (including in digital form). You represent and warrant that you have proper authorization for the

    worldwide transfer and processing among ZevoPals, its affiliates, and third-party providers of any information that you

    may provide on the Site.

    8. Terms of transacting business

    You understand and agree to abide by ZevoPals payment policies. You agree that you are willing to pay all costs

    associated with the services through ZevoPals. These costs include but are not limited to: (a) a tutor’s hourly rate as

    listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can

    be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and ZevoPals.

    9. Third party verification services

    ZevoPals may make available one or more third party verification services that enable Users of the Site to inquire

    about information including, but not limited to, another User’s identity and criminal history. Use of a third party

    verification service is voluntary for both the party requesting the verification and the party undergoing the verification.

    You agree that ZevoPals shall not be held responsible or liable in any way if any information provided by a third party

    verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with

    the Fair Credit Reporting Act, 15 USC 1681. See

    http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.

    10. Advertisements and promotions

    ZevoPals may run advertisements and promotions from third parties on the Site. Your correspondence or business

    dealings with, or participation in promotions of, advertisers other than ZevoPals found on or through the Site,

    including payment and delivery of related goods or services, and any other terms, conditions, warranties or

    representations associated with such dealings, are solely between you and such advertiser. ZevoPals is not

    responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of

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    the presence of such non-ZevoPals advertisers on the Site.

    11. Text message notifications

    Tutors and parents may opt in to receive text message notifications reminding them for class schedule and location.

    Please note that standard data and message rates may apply for any text message notifications. Please contact your

    mobile phone carrier for details.

    How to sign up and other information

    To sign up to receive text message notifications, you will need to provide your consent to opt-in for text message

    notifications by providing your mobile phone number on the “Notification options” page of the Site (ZevoPals.com)

    and selecting the type(s) of notifications you would like to receive. Tutors must reply “YES” to the welcome text

    message in order to be opted in to the Text Message Program. Message frequency varies per user. The Text

    Message Program is only available to Tutors in the United States. Please also review the ZevoPals Privacy Policy

    here.

    How to cancel

    If you need to cancel text message notifications, text STOP to 87359 or update your “Notifications options” page on

    the Site.

    How to get help

    If you need assistance, just text HELP to 87359.

    Pricing

    Your mobile phone carrier’s standard message and data rates apply for any messages sent to you from us and from

    us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.

    Supported carriers

    We are able to deliver text message notifications to the following mobile phone carriers:

    AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, & Virgin Mobile.

    T-Mobile is not liable for delayed or undelivered messages.

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    Questions

    For help or more information, call (877) 999-2681 or email info@ZevoPals.com.

    12. Content provided via links

    You may find links to other websites or resources on the Site. You acknowledge and agree that ZevoPals is not

    responsible for the availability of such external sites or resources, and does not endorse and is not responsible or

    liable for any content, advertising, products, or other materials on or available from such sites or resources. ZevoPals

    will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in

    connection with use of or reliance on any such content, goods or services available on or through any such site or

    resource.

    13. Intellectual property rights

    ZevoPals grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for

    the services as provided herein and in accordance with these Terms of Use and solely for your own personal,

    non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other

    notice contained on such pages. 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

    ZevoPals, 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. ZevoPals 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 ZevoPals. You may like or follow

    ZevoPals 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 ZevoPals 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 ZevoPals

    discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

    “ZevoPals Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other

    designations ZevoPals uses in connection with its products and services. You may not remove or alter any ZevoPals

    Trademarks, or co-brand your own products or material with ZevoPals Trademarks, without ZevoPals’s prior written

    consent. You acknowledge ZevoPals’s rights in ZevoPals Trademarks and agree that any use of ZevoPals

    Trademarks by you shall inure to ZevoPals’s sole benefit. You agree not to incorporate any ZevoPals Trademarks

    into your trademarks, service marks, company names, internet addresses, domain names, or any other similar

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    designations, for use on or in connection with computer or internet-related products, services or technologies.

    Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual

    property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and

    download Content owned by ZevoPals on this 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.

    14. Termination and suspension

    ZevoPals 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.

    15. 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. ZevoPals 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. ZevoPals

    MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS,

    QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.

    ZevoPals 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; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

    YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT

    RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM

    COMPUTER VIRUSES.

    16. Limitation of liability

    THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH

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    THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT ZevoPals HAS

    NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT ZevoPals MAKES NO

    REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER.

    YOU UNDERSTAND AND AGREE THAT ZevoPals IS NOT RESPONSIBLE FOR THE PERFORMANCE OR

    CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, ZevoPals EXPRESSLY

    DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES

    AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.

    USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. ZevoPals WILL NOT BE INVOLVED IN ANY USER

    INTERACTIONS. ZevoPals IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF

    ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.

    YOU UNDERSTAND AND AGREE THAT ZevoPals HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF

    ANY USER ON OR OFF THE SITE AND THAT ZevoPals MAKES NO REPRESENTATIONS OR WARRANTIES

    ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT

    ZevoPals IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE,

    OF ANY USER. AS SUCH, ZevoPals EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES

    ZevoPals FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS,

    INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING

    WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.

    TO THE FULL EXTENT PERMITTED BY LAW, ZevoPals IS NOT LIABLE FOR ANY DIRECT, INDIRECT,

    PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT

    LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY

    TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH

    THE SITE, EVEN IF ZevoPals HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE

    FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF

    CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:

    (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE

    GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED

    OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE

    SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT

    LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR

    CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION

    USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY

    NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME

    JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

    INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL

    ZevoPals’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN

    CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE

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    AMOUNT PAID BY YOU TO ZevoPals OR A ZevoPals PARTNER/PROVIDER, IF ANY, OR (B) $100

    (WHICHEVER IS LESS).

    YOU AND ZevoPals AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE

    TERMS OF USE 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 ZevoPals AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE

    TERMS OF USE ARE FAIR AND REASONABLE.

    IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF

    USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE

    PROVIDED FOR IN THIS SECTION 15.

    17. Assumption of risk

    You agree and understand that you 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. You agree to take all necessary

    precautions, including without limitation following the recommendations set forth in ZevoPals’s Tutor and Student

    Safety Tips, when interacting with other users.

    18. Indemnification

    You agree to indemnify, defend, and hold harmless ZevoPals 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 ZevoPals 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 of use; (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. You further agree that you will cooperate as requested by ZevoPals in the defense of such

    claims. ZevoPals 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

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    ZevoPals without the written consent of ZevoPals.

    19. Arbitration

    Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct,

    or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the

    American Arbitration Association then in effect and before a single arbitrator chosen by ZevoPals. Any such

    controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in

    any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be

    conducted in Washington, and judgment of the arbitration award may be entered into any

    court having jurisdiction thereof. ZevoPals may seek any interim or preliminary relief from a court of competent

    jurisdiction in Chicago, Illinois, necessary to protect its rights pending the completion of arbitration. Each party shall

    assume its own costs of arbitration.

    20. Injunction

    You agree that any material breach of the Terms will result in irreparable harm to ZevoPals for which damages would

    be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ZevoPals

    will be entitled to equitable relief, 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 ZevoPals seeks such an injunction.

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

    ZevoPals may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site.

    ZevoPals 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. ZevoPals may also delete, or bar access to or use of, all related

    information and files. ZevoPals will not be liable to Users or any third-party for any modification, suspension, or

    termination of service, or loss of related information. ZevoPals may amend these Terms at any time by posting the

    amended terms on this Site.

    22. 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 Washington

    23. Entire agreement

    These Terms constitute the entire agreement between you and ZevoPals 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

    ZevoPals or third-party products or services.

    Last Updated on

    06/01/2015