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Terms of Use

OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to www.airtutoring.com. AirTutoring is an online educational community where registered users (“Users”) may access our online lectures, online tutorials, online library and Q&A services (“Content”).

Acceptance of Terms

These Terms may be amended or updated by AirTutoring from time to time without notice so these Terms may have changed since your last visit to this Website and it is your responsibility to review these Terms for any changes. Your use of the Website after any amendments or updates of these Terms shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this Website from time to time will be subject to these Terms, unless stated otherwise. You should visit this page periodically to review these Terms.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND YOU CERTIFY TO AIRTUTORING THAT: (i) you are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent. You affirm that you are over the age of 13 as AirTutoring is not intended for children under 13; (ii) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein and you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the site; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.

Privacy Policy

AirTutoring respects your privacy and permits you to control the treatment of your personal information. Please click here to see AirTutoring 's Privacy Policy. Our Privacy Policy is expressly incorporated by reference into this Terms of Service Agreement. If you do not agree to be bound by these Terms of Service and the Privacy Policy, you may not use or access the Service.

Terms Applicable to All Services

Our Service is an educational website that provides online courses, subscription memberships, and content about schools where you can learn and research and compare educational programs (collectively, the"Service"). AirTutoring does not endorse or recommend the products or services of any particular Client (defined below) on its site or guarantee acceptance into any particular program. AirTutoring is not an agent of either you or any Client.

You understand and agree that if you enter your information on any form while using the Service, AirTutoring will share your personal information (such as your full name, address, e-mail address, telephone number, and any other information you provided or permitted us to obtain and disclose) with any Clients, including but not limited to educational institutions (hereinafter referred to individually and/or collectively as "Client(s)") to process and fulfill your request and use the information in any other way consistent with the Privacy Policy incorporated above.

You understand that Clients are not employees or agents of AirTutoring, nor is AirTutoring an agent of the Clients. The terms of your relationship with any Client, including terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client. Your rights under any contract you may enter into with any Client are governed by the terms of such contracts and by applicable federal, state and local laws, rules and regulations. Should you have a dispute with any Client, you must address such dispute with the Client directly. You agree not to hold AirTutoring liable for any loss or damage of any sort incurred as the result of any of your dealings with any Client.

AirTutoring does not guarantee that it will be able to match you with a Client through your use of this Service or that the Clients available through this Service are either capable of or willing to provide you with products or services. AirTutoring and our participating Clients expressly reserve the right to discontinue, suspend or terminate the offering of AirTutoring's Service and participating Clients' products or services at any time and without prior notice. Furthermore, AirTutoring may be used as a guide to assist you in determining which schools you should consider applying to, but is not an application to educational institutions.

By entering your information on any form or using a third-party social networking sites ("SNS") (including, but not limited to, Facebook) or clicking on any button indicating an acceptance or agreement to terms, or a continuance of processing or submission, you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to any product through our Service. By entering your information on any form or using a SNS, including but not limited to registration, login, information request, feedback, etc., you are consenting to providing us such information(or for us to extract it from the applicable SNS) and to receive information and/or marketing messages and be contacted via email, telephone, text message, pre-recorded message and auto dialer or any other technologies from AirTutoring and/or third parties that have products or services which may be of interest to you, even if you have opted into any federal, state, or other applicable Do NotCall List. You understand that Clients may maintain the information you submitted through the Service whether you elect to use their services or not. In the event you no longer want to receive communications from a Client, you agree to notify the Client directly. You also give AirTutoring permission to contact you by all the methods above with current products or services which may be of interest to you and to use the information in any other way consistent with the Privacy Policy incorporated above. You understand that you are not required to receive calls from AirTutoring as a condition of purchasing any product or using any service.

The Service, and any content viewed through our Service, are for your personal and non-commercial use only. During your membership, we grant you a limited, non-exclusive, non-transferable, non-refundable license to access the Site and Service and view lessons through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

We continually update the AirTutoring service, including the course and content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of video lessons, courses, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.

Subject to your compliance with these Terms of Use, AirTutoring grants you a limited, personal, non-exclusive, non-commercial, non-transferable, non-refundable license to view the AirTutoring Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the AirTutoring Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by AirTutoring under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without AirTutoring's prior written permission or as expressly provided in these Terms of Use. When you download or use the AirTutoring Content as authorized by these Terms of Use, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the AirTutoring Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any AirTutoring Content, you may not share that subscription or license with others. AirTutoring may impose reasonable limits on your scope of access to AirTutoring Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third party access to or use of that Content.

AirTutoring Service is designed to enable streaming of content from AirTutoring through certain devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SITE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF OUR SERVICE OR YOUR DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF ANY DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the AirTutoring service.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.

Account Registration & Termination

AirTutoring provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money. You may only have one AirTutoring account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by AirTutoring. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify AirTutoring immediately if you suspect any unauthorized use of your account or access to your password. AirTutoring has the right to terminate your account for any reason at our sole discretion without notice and without liability.

Proprietary Rights

The Services are owned and operated by AirTutoring. Unless otherwise explicitly specified by AirTutoring, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and lecture cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "AirTutoring Content"), are owned, controlled, or licensed by AirTutoring. AirTutoring Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic content included in the Services are supplied by third parties. Any unauthorized use of AirTutoring Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to AirTutoring, any AirTutoring employee or contractor, or a AirTutoring web site, you grant AirTutoring and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by AirTutoring, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with AirTutoring. You agree that AirTutoring may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with AirTutoring and third parties through the Services.

You further agree that AirTutoring is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize AirTutoring to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

AirTutoring is not required to host, display, or distribute, and may remove at any time, any User Content. AirTutoring reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon AirTutoring's request, you will furnish AirTutoring any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

Membership

  1. Regular Student Membership. Your AirTutoring membership, which may start with a free trial, will continue after you pay for the course fee. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the AirTutoring service. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You represent and warrant you are authorized to use such Payment Method for purchases and that it is valid. We will bill the course fee to your Payment Method.

  2. Differing Memberships. We may offer a number of memberships plans, including special early bird plans, last minute plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with AirTutoring by visiting our website and clicking on the "Dashboard" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

  3. Teacher Membership. We may offer a Teacher Membership plan with additional features, including but not limited to, lesson sharing with students, track progress or increased assessments. YOU MUST BE A TEACHER, INSTRUCTOR OR PROFESSOR AT AN ACCREDITED EDUCATIONAL INSTITUTION TO QUALIFY AND SIGN UP FOR THIS PLAN. AirTutoring reserves the right to change or cancel your account and membership immediately if you can't verify you teacher status in a timely basis. If you select this plan, you are hereby authorized to publicly display the Site, Services, or Content, including, for example, as a teacher displaying the Site, Services, or Content in a group setting including without limitation a classroom, tutoring centre, or school lab without AirTutoring's express written consent (for the purpose of flipping the classroom) and transmit or distribute the lessons to your students using the provided Site functionality.

  4. Free Trial Membership.
    1. Your AirTutoring membership may start with a free trial. The free trial period of your membership is specified during sign-up ("Trial Period"). Free trials may not be combined with any other offers. Free trials are for new and certain former members only. AirTutoring reserves the right, in its absolute discretion, to determine your free trial eligibility. If you are eligible for a free trial, you will be able to explore the content, Site, and Services during the TrialPeriod for no charge. Only three Trial Period is permitted per User Account or per Member. If you have received three trials, then you are not eligible for more trials, even if you register for another User Account.

    2. By the end of your free trial period, AirTutoring will begin to charge you for the use of AirTutoring courses or services through credit card or the alternate payment method accepted by AirTutoring.

Payments Processing and Methods

  1. You authorize us to charge you payment once you select a AirTutoring course / service. The payment fee is depending on your selected courses at the then current rate, and any other charges you may incur in connection with your use of the AirTutoring service to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.

    For courses and any other services payment made available through AirTutoring, you must provide a valid credit card or other forms of payment which are accepted by AirTutoring to pay for such services. You agree that AirTutoring has the permission to retain and/or to share with financial institutions and payment processing firms the submitted payment information you provided in order to process your purchase. Based on the type of payment method used and where this payment method was issued, your transaction with AirTutoring may be subject to foreign exchange fees or the difference in prices. If the payment method you use with AirTutoring reaches its expiration date and you do not edit/update the payment method information, nor cancel the services you authorized AirTutoring, you are responsible for any uncollected amounts of fees or payments.

  2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes that correspond to the completion of a promotional offer and/or changing or adding a plan will take effect on your Renewal Date without any prior notice to you from us. Except as otherwise expressly provided for in these Terms of Service, any other price changes to your service will take effect following email notice to you or an announcement on the Site.

  3. No Refunds. PAYMENTS ARE NONTRANSFERABLE, NONREFUNDABLE AND THERE ARE NO REFUNDS FOR ANY REASON OR CREDITS FOR PARTIALLY USED PERIODS OR FOR MEMBERSHIPS THAT ARE PURCHASED BUT NOT USED. All fees and applicable taxes, if any, are payable in United States dollars. It is your sole responsibility to keep a record of your login credentials to access your User Account and the Site, Services, and content. No refunds will be given for lost login credentials.

  4. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Dashboard" link, available at the top of the pages of the AirTutoring website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you're mainly responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. If you signed up for AirTutoring using your account with a third party (i.e., PayPal or similar account) as a Payment Method, and wish to cancel your AirTutoring membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the AirTutoring service. You may also find billing information about your AirTutoring membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

  5. Promotions and Redemption Code. From time to time, AirTutoring may offer a promotion or early bird code that will provide a discount or extended trial on your membership subscription. These redemption codes may only be redeemed at our Site. Redemption codes may only be used once and cannot be combined with other codes or redeemed for cash or resold. The validity of redemption codes may depend on the status of the user who redeems it. For example, an existing subscriber may not redeem a code providing a discount fora new subscription. These incentives typically have their own specific rules, restrictions and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). You are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations; certain promotions may not apply in certain jurisdictions where prohibited by law. You agree not to engage in any self-dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By participating in such promotions, you agree to be bound by the applicable rules and restrictions, and that AirTutoring, in its sole discretion, may deny payment or benefits (e.g., when it believes improper activity has occurred or when a code has expired). Redemption codes may have an expiration date, after which the code will not be valid or accepted by AirTutoring. Redemption codes are provided by AirTutoring only, and you agree that you will not share codes with others, including, but not limited to, emailing codes to friends or family, sharing codes on social networking sites, or posting codes to websites that are not our Site unless AirTutoring has provided written approval via email or on our Site to do so. AirTutoring may invalidate a code in its sole discretion. The discount provided via the redemption code is only valid during your paid subscription. If you cancel your subscription you also cancel the discount from the redemption code. Reactivating your subscription will not reactivate the discount from the code, nor will it allow you to redeem a code for a discount for new subscribers. If you received a promotion code through an offer by a third party, additional restrictions may apply.

Online Courses, Certifications And Credit

AirTutoring may offer online courses in a specific area of study or on a particular topic (an "Online Course"). AirTutoring and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, quiz, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below. For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of AirTutoring, you may be awarded a statement acknowledging your completion of the course ("Statement of Completion" or "Completion Certificate"). This Statement of Completion, if provided to you, would be from AirTutoring. You acknowledge that the Statement of Completion, if provided to you, may not be affiliated with AirTutoring or any college or university. Further, AirTutoring offers the right to offer or not offer any such Statement of Completion for a course.

You acknowledge that the Statement of Completion, and AirTutoring's Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither AirTutoring nor the instructors of any Online Course will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by AirTutoring. You agree and acknowledge that if you are taking a AirTutoring Online Course to prepare for any path to credit, including but not limited to, a credit-granting exam (such as those provided by the CollegeBoard, Excelsior College, and others), AirTutoring will not have any authority or responsibility with respect to any award or transfer of academic credit. Furthermore, AirTutoring bears no responsibility for your performance on the exam, and any exam fees incurred are solely your responsibility.

Warranty Disclaimer

Neither AirTutoring nor any of its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from AirTutoring or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitations of Liability; Waiver

IN NO EVENT SHALL THE AIRTUTORING PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE AIRTUTORING CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AIRTUTORING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES's TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AIRTUTORING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE AIRTUTORING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AIRTUTORING PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO AIRTUTORING IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH AIRTUTORING.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE AIRTUTORING PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AIRTUTORING CONTENT OWNED OR CONTROLLED BY THE AIRTUTORING PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER AIRTUTORING CONTENT OWNED OR CONTROLLED BY THE AIRTUTORING PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Changes

AirTutoring may modify the Terms of Use including the linked policies contained herein from time to time, without prior notice. By using our Services after we have updated the terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Services from that point forward.

Indemnity

You agree to indemnify and hold AirTutoring, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without AirTutoring’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Enforceability

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone.

Miscellaneous

Unless otherwise stated in this agreement, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of AirTutoring to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with AirTutoring.You and AirTutoring agree there are no third party beneficiaries intended under these Terms.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.

Waiver

No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

Entire Agreement

The then-current AirTutoring Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and AirTutoring regarding the Services. The Terms of Use may not be modified without the consent of a duly authorized representative of AirTutoring, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether AirTutoring signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with AirTutoring.

Contacting AirTutoring

If you have any questions or concerns regarding the AirTutoring Websites or Services, please email us at [email protected] All notices, authorizations, and requests to AirTutoring shall be deemed given on receipt.