Terms of Use of De La Rosa Tutoring Services

Welcome to De La Rosa Tutoring Services. De La Rosa Tutoring Services are to be used for the sole purpose of academic and test preparation services. All Tutors provided by De La Rosa Tutoring Services are independent contractors. To use our website, courses and services you will use our intellectual property and technology for your benefit. Therefore, we have rights on the use of that property and may limit your use of the website, course and services. We have a responsibility to you, and you have a responsibility to us. By using our services, you agree to these Terms of Use. These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device or otherwise; and whether directly through our Services or through a third-party website that links to them and regardless of whether you are a registered user or a guest. If you do not agree to the Terms of Use, you are not authorized to use the Services and must cease all such use immediately. Therefore, it is imperative that you carefully read or seek the legal consultation before use of De La Rosa Tutoring Services

Terms of Use of De La Rosa Tutoring Services

All sessions are paid at the time of booking. {$25 for 1-on-1 sessions and $35 for all group sessions per client] No refund will be given for missed sessions.

Cancellation Confirmed

A student may cancel a confirmed tutoring session up to 4 hours before the tutoring session is to begin without any penalty or charge. The student will be able to reschedule. To cancel a previously scheduled tutoring session, please email delarosatutoringservices@gmail.com.

Satisfaction Guaranteed

The satisfaction of our parents and students is our priority. If you are not satisfied by an interaction you had with a tutor, please contact us within 24hours of the scheduled session.

Session Recordings

Due to privacy policy, sessions will not be recorded.

Removal of Students

De La Rosa Tutoring Services reserves the right to remove any student from its program.

Investigations

De La Rosa Tutoring Services will investigate any inappropriate or unprofessional behavior between any Tutor or User.

Tutoring Services

You understand and agree that De La Rosa Tutoring Services acts only as an interface to facilitate communication between users and Tutors and to collect payment from users on behalf of Tutors.

THE TUTORING SERVICES COMPROMISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT DE LA ROSA TUTORING SERVICES IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF DE LA ROSA TUTORING SERVICES. DE LA ROSA TUTORING SERVICES HAD NO CONTROL OVER THE LESSONS, SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES. PLEASE NOTE THAT DE LA ROSA TUTORING SERVICES DOES NOT CONFIRM THE INFORMATION IN A TUTOR PROFILE, THEIR COMPETENCY, THEIR BACKGROUND NOT THEIR PROFICIENCY IN THE SUBJECT MATTERS WHERE THE SERVICES ARE OFFERED. DE LA ROSA TUTORING SERVICES CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY TUTORS FOR USER, OR THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. DE LA ROSA TUTORING SERVICES IS NOT RESPONSIBLE FOR THE ACTIONS OF THE TUTORS USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER’S RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

De La Rosa Tutoring Services is not responsible for the use and exchange of any information or files between Tutors and users. Further, De La Rosa Tutoring Services does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of De La Rosa Tutoring Services Website and Services.

Interaction with Tutors and Use of Lesson Services

De La Rosa Tutoring Services acts as a technology service that facilitates provision of lesson services between Users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, lesson services or contents thereof. De La Rosa Tutoring Services does not endorse any Tutor, and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third-party, of the De La Rosa Tutoring Services Website and Services. In addition, although the De La Rosa Tutoring Services Terms of service require Tutors to provide accurate information, we cannot confirm or test any Tutor’s purported identity or academic qualifications or experience. De La Rosa Tutoring Services are not the users or Tutors agent. However, if you believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, De La Rosa Tutoring Services urges you to immediately contact the police directly for help.

Tutoring Attachments

Your use of the De La Rosa Tutoring Services Website or Services may involve the exchange of files between you and a Tutor. De La Rosa Tutoring Services is not responsible or liable for the content of such attachments and such attachments may be viewed by the other De La Rosa Tutoring Services users, or by the public generally. You acknowledge sole responsibility for and assume the risk arising from your downloading any such attachments and posting such attachments/

Modifications

We may change these Terms and will always post the most current version on our site. Please check back on a regular basis. By continuing to use or access the Services after any changes comes into effect, you agree to be bound by the changed Terms. If you disagree with our changes, do not continue to use the Services. Terms of Use last updated 11/24/2020.

Electronic Communications

The communications between you and De La Rosa Tutoring Services use electronic means, whether you use the Site or Services or send us emails, whether De La Rosa Tutoring Services post the statements on the Services or communicate with you via email. For contractual purposes:

(a) agree to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.

Disclaimer; Limitation of Liability

DE LA ROSA TUTORING SERVICES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH SERVICES BETWEEN A TUTOR AND USER, EVEN IF DE LA ROSA TUTORING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, DE LA ROSA TUTORING SERVICES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DE LA ROSA TUTORING SERVICES TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR DE LA ROSA TUTORING SERVICES PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FORGOING, IN RELATION TO ADMISSIONS, COUNSELING SERVICES, DE LA ROSA TUTORING SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSIONS TO A PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE FOR OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION, OR (C) ANY GUARANTEE THAT WILL OBTAIN ADMISSION TO ANY PROGRAM. DE LA ROSA TUTORING SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY PROGRAM.

Indemnity

To the fullest permitted by applicable law, you agree to defend, indemnify and hold harmless that De La Rosa Tutoring Services Parties from and against any and all loss, liability, damages, judgements, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, riles, regulations, codes, statutes ordinance or orders of any governmental and quasi-governmental authorities , including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the De La Rosa Tutoring Services Parties’ use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and De La Rosa Tutoring Services. You will cooperate as fully required by the De La Rosa Tutoring Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the De La Rosa Tutoring Services Parties. These indemnity obligations shall survive any expiration or termination of your relationship with De La Rosa Tutoring Services.