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.
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
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
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
●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;
●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
●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
●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
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
SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING
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
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
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
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
How to cancel
If you need to cancel text message notifications, text STOP to 87359 or update your “Notifications options” page on
How to get help
If you need assistance, just text HELP to 87359.
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.
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.
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
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
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
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
16. Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH
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
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
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
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.
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
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,
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
ZevoPals without the written consent of ZevoPals.
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.
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.
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