Use of our service by Clients (organizations, students, and parents/guardians) is subject to the legally binding terms and conditions specified herein. Carefully read the following terms and conditions before accessing or using our service. Use of our service acknowledges an understanding and acceptance of and agreement to the following terms and conditions.
The following terms and conditions form a binding agreement between Client and Math Does Matter LLC (Diverse Interactive Learning) reserves the right to alter these terms and conditions and may do so at any time without advance notice. The continued use of our services after any change means Client has acknowledged, understood, and accepted the changed terms and conditions.
1. FEES AND PAYMENT
Math Does Matter LLC controls the billing and collection process. Client will pay for each session in advance by credit card or other approved payment method. Math Does Matter LLC and Client will agree in advance to the billing rate. Math Does Matter LLC will calculate, bill, and collect fees at the agreed upon billing rate.
2. CANCELLATION POLICY
Client may cancel a session without charge by providing notice at least 24 hours in advance of the designated session start time and rescheduling the session with the designated Tutor. Client can reschedule no more than 1 times per month. Cancellation made without notice at least 24 hours in advance of the designated start time shall be considered a “late cancellation.” In the event of a late cancellation, the Tutor and Math Does Matter LLC shall not be responsible for making up that session. Math Does Matter LLC or Tutor may also cancel a session. In this event a makeup session will be scheduled with Client for a later date/time within that week.
3. LATE ARRIVAL AND NO-SHOW POLICY
There will be no rescheduling or discount allotted for late arrival. The tutors will keep the session open until the session time is up. If the client shows up late, he/she will only have the remaining time left for his/her sessions. There is no rescheduling for a late arrival unless the tutor agreed to do so.
4. NON-SOLICITATION
Client and Tutors agrees that he/she will not solicit any Tutors of Math Does Matter LLC to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of one (1) year immediately after termination of this agreement with Math Does Matter LLC, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the Tutors, business, or partners of Math Does Matter LLC Inc with whom Client has become acquainted during or after Client’s contract with Math Does Matter LLC Inc.
5. LIMITATION OF LIABILITY AND INDEMNITY
In no event will Math Does Matter LLC be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from Client. As a condition of use of this service, Client agrees to indemnify Math Does Matter LLC from and against all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by Math Does Matter LLC. Math Does Matter LLC requires the client maintains supervision of students during any interaction with the Tutor. Any non-organizational clients may request a new Tutor at any time. For Client and Tutor protection, Math Does Matter LLC. records all video sessions on the platform and stores them for 1 months.
6. REFUND POLICY
Math Does Matter LLC Inc has no obligation to refund a completed tutoring session. Math Does Matter LLC has no obligation to refund a partially completed week of tutoring. In the event a request for refund is made on a partially completed week of tutoring, Math Does Matter LLC., in its sole discretion, may refund (or not) the balance less an administration fee based on a case-by-case assessment of the relevant facts; the session rate for the completed tutoring sessions will be charged at full price with no discount.
7. NO WARRANTIES
Math Does Matter makes no promises or warranties with regards to a client’s performance as a result of any tutoring provided. However, we will try our very best to meet the student where he or she is and advance them to the next level.
8. MODIFICATION
This Agreement may not be modified except by amendment reduced to writing and signed by both Math Does Matter LLC and Client. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.
9. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
10. SEVERABILITY
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
11. HEADINGS
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
12. ADDITIONAL ACKNOWLEDGMENTS
Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.
13. MINORS
Where the Client is a legal minor, the Parent/Guardian shall enter into this tutoring agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client.
14. FURTHER DOCUMENTS
If any other provisions or agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.
15. EFFECT OF LAW
The Agreement shall be governed by the laws of the State of Pennsylvania and applicable federal and local law, and venue for enforcement shall be in Lehigh Valley County, Pennsylvania. The parties waive any claim, whether asserted by motion or pleading, that Lehigh Valley County is an improper or inconvenient venue. This Agreement shall be construed as a whole, according to its fair meaning, and not against the drafter.
16. WAIVER OF JURY TRIAL
Each party to this Agreement waives, to the fullest extent permitted by the law, any right it may have to a trial by jury in respect to any suit, action or proceeding directly or indirectly arising out of, under, or in connection with this Agreement.
17. THIRD PARTY ANALYTICS
Your data is secure with us and we will not share or sell it with third parties for marketing and promotional purposes.
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Call or Text us at 484-273-0195 | Email us at info@diverseilearning.com.
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