User Agreement, Terms of Service, Terms of Use, and Privacy Policy

Welcome to the website ("TutorSite") for TutorStars, a subsidiary of All American Super Services, Inc. (“AASS”). This User Agreement, including our Privacy Policy, governs your use of the TutorStars TutorSite.

Please read this User Agreement carefully, because by visiting or using the TutorSite, you agree to follow its rules. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the TutorSite after any modification indicates your agreement to the new terms. Any party which disagrees with any terms and/or conditions should discontinue the use of our services and this website immediately.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become invalid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement shall be governed by the laws of the state of Nevada. All parties represent and warrant they have no obligations inconsistent with the terms of this Agreement or with undertaking a relationship with TutorStars and that the use of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party for the State of Nevada.

Terms of Use

Web TutorSite Materials, Copyright of the TutorStars, and all materials included in it is owned by or licensed to TutorStars and all rights are reserved. You must abide by all copyright notices and restrictions contained on the TutorStars TutorSite. You may not copy, distribute, enter into a database, display, publish, perform, create derivative works of, transmit, or otherwise use any materials from the TutorStars TutorSite (including computer programs or other code), in whole or in part, without the express permission from TutorStars or its affiliates. All American TutorStars grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use.

Trademarks

TutorStars, ALL AMERICAN SUPER SERVICES, SUPERSTUDENT PACKAGE, The TutorStars Logo, and any other trademarks on the TutorStars TutorSite are trademarks owned by TutorStars, Inc. ("TutorStars Trademarks"). You may not use the TutorStars Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Links, Frames, and Meta-Tags

You may link to the home page of the TutorStars TutorSite as long as the link does not cast us in a false or misleading light. You may not frame the content of the TutorStars TutorSite. You may not use Meta-tags or any other "hidden text" that incorporates the TutorStars Trademarks or our name without our express written consent.

Disclaimer and Limitation of Liability

TutorStars, ITS EMPLOYEES, AND INDEPENDENT CONTRACTORS OF TutorStars INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS ("CONTENTS") INCLUDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TutorStars HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER TutorStars NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES, WHETHER IN ACTION AN ACTION BASED ON STATUTE, CONTRACT, TORT, OR OTHER LEGAL DOCUMENT RELATING TO THE USE OF THIS INFORMATION. THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. TutorStars MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE ALL USERS, INCLUDING CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD TO THE TutorSite, MAY NOT LEND, GIVE, SELL, TRADE, TRANSFER, OR DISTRIBUTE THEIR PRIVILEDGES TO ANYONE UNDER ANY CIRCUMSTANCES WITHOUT CONSENT OF TutorStars. USERS AGREE TO PROTECT THEIR ACCOUNT INFORMATION AND PASSWORD FROM OTHER CLIENTS, TUTORS, GUESTS, OR ANYONE WHO USES A LOGIN WITH PASSWORD OR VISITS THE TutorSite. USERS WHO VIOLATE THIS POLICY ARE IN BREACH OF THIS AGREEMENT AND MAY HAVE THEIR ACCESS AND RELATIONSHIP WITH TutorStars TERMINATED WITHOUT REFUND OR THE ABILITY TO RECEIVE FUTURE SERVICES.

TutorStars DOES NOT OPERATE OR OWN WEBSITES LINKED TO THE TutorSite AND IS NOT RESPONSIBLE FOR THEIR CONTENT, AND HENCE MAKES NO EXPRESSED OR IMPLIED WARRANTIES AS TO THE ACCURACY OF THE INFORMATION. LINKS OF THE TutorSite DO NOT IMPLY THAT TutorStars IS AUTHORIZED TO USE ANY TRADE NAME, TRADEMARK, COPYRIGHTED SYMBOL, OR LOGO THAT IS CONTAINED WITHIN THE LINK. TutorStars IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR WITH USE OF ANY SUCH CONTENT, GOODS, OR SERVICES PROVIDED BY ANY LINKED WEBSITE OR RESOURCE.

Terms of Service

TutorStars makes no warranty that a client will improve his/her academic performance unless otherwise stated in the Guarantees. A Guarantee of B requires purchase and use of at least the Platinum Plan per semester (four month period) and the Gold Plan per quarter (10 week period), use of at least two (2) hours per week for the entire semester (running out of hours before end of semester requires additional purchase to maintain two hour per week minimum), filling out four assessments (Study Skills, Learning Diagnostic, Nutrition-Fitness, and Home Environment Inventories), and the Entry and Exit Surveys. A Guarantee of C requires purchase of at least the Gold Plan per semester (four month period) and the Silver Plan per quarter (10 week period), use of at least 1-hour per week, filling out four assessments (Study Skills, Learning Diagnostic, Nutrition-Fitness, Home Environment Inventories), and the Entry and Exit Surveys. Missing a test or no longer attending lectures or not trying also voids the guarantee. Dropping the course voids the guarantee. Students must keep same tutor after the eighth hour or be subject to a transfer fee of two hours or $50, whichever is greater. It is the responsibility of the student to inform the service of a desire to switch tutors. Guarantees earned by the student do not entitle the student to a refund but entitles the student to free hours of tutoring the following semester, for the same or fewer hours used, for the same or another class, to be determined at the discretion of All American TutorStars. The same tutor may be responsible for providing the free hours or may be required to provide tutoring at reduced compensation at TutorStars’ discretion. A student may skip one week, but not two or more weeks, and still retain the guarantee.

REFUNDS ARE PROVIDED FOR UNUSED HOURS, BUT NOT FOR ASSESSMENT FEE, AND ONLY AFTER A $35 REFUND PROCESSING FEE. UNUSED HOURS USED ARE PRICED AT AN HOURLY RATE OF $10 ABOVE THE SMALLEST PACKAGE HOURLY RATE FOR THE HIGHEST LEVEL OF TUTOR. THE CLIENT IS RETURNED 50% OF PRICE OF THE UNUSED OR REMAINING HOURS. THERE ARE NO REFUNDS FOR PURCHASES THAT RESULT IN REFUNDS OF LESS THAN $100. THIS POLICY APPLIES TO ALL REFUNDS, REGARDLESS OF THE REASON FOR THE REFUND, INCLUDING BUT NOT LIMITED TO DELAYS IN FINDING TUTOR OR FINDING A REPLACEMENT TUTOR, DISSATISFACTION WITH THE SERVICE, THE TUTORS, THE MANAGEMENT, OR CHANGING YOUR MIND, OR ANY OTHER REASON.

UNUSED OR REMAINING HOURS CAN BE TRANSFERRED TO THE NEXT SEMESTER, INCLUDING SUMMER. TRANSFER OF HOURS REQUIRES PURCHASE OF A NEW PLAN CLOSEST IN NUMBER, BUT NOT LESS THAN, THE NUMBER OF HOURS REMAINING. FOR EXAMPLE, IF 6 HOURS REMAIN UNUSED, THE CLIENT MUST BUY THE NEXT HIGHEST PLAN OF 10 HOURS TO GET THEIR 6 HOURS TRANSFERRED.

A STUDENT MUST REQUEST BEING PLACED INTO "INACTIVE STATUS" TO AVOID THE TWO HOURS PER WEEK MINIMUM, IN WRITING BY EMAIL OR LETTER. THE STUDENT WILL NOT LOSE HOURS TO THE TWO HOUR PER WEEK MINIMUM FOR THREE WEEKS, AT WHICH TIME ACCOUNT WILL COME OFF INACTIVE STATUS AND THE TWO HOUR PER WEEK MINIMUM RESUMES. THIS REQUEST CAN BE MADE ONCE PER SEMESTER OR QUARTER. ANY SUCH INTERRUPTIONS OF SERVICE VOIDS THE GUARANTEES BUT DOES NOT VOID THE ACCOUNT.

The independently contracted tutors are assumed to be telling the truth about their abilities, and background checks are performed for tutors as needed. Tutors who have proof of having had a background check will be considered background checked by our service. It is beyond the tutor's control or the control of TutorStars to directly effect the outcome of grades, scores on exams, homework, or other assignments. Tutors are not responsible for figuring out what is covered on tests or exams nor is the information they provide guaranteed to be accurate.

Tutors are Independent Contractors and solely responsible for their actions. Promoters and Tutor/Promoters are Independent Contractors and solely responsible for their actions, including methods used to promote TutorStars, be it postings, word of mouth, and declarations made on their own websites. Under no circumstances are promoters allowed to post advertising that puts TutorStars in jeapardy of abusing posting policies and TutorStars is not legally bound to the conduct or behavior of its Tutors, Promoters, or Tutor/Promoters. All legal action is between parties other than TutorStars. Tutors, clients, and visitors to the TutorSite agree to indemnify and hold TutorStars, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any Content on the website, communication with the TutorStars, or services provided by the TutorStars and/or the tutors, whether by negligence or willful conduct. Tutors, clients, and visitors to the TutorSite also agree not to hold TutorStars liable for any loss in property or data due to the activities of the tutors, promoters, or tutor/promoters and/or students.

Tutors are not permitted to have relations with the student/client other than professional, as tutor and student/client, and the tutor may not solicit tutoring from the client for any course/subject once the contract is fulfilled, for the duration of receiving referrals from the tutoring service, and for up to 4 years after the tutor is no longer working with TutorStars tutoring service. Clients may not contact or conduct business with the tutors for reasons unrelated to the course/subject for which they are hired during the fulfillment of a tutoring contract or during the semester during which tutoring was conducted. Such violation of the Agreement may void a current purchase of hours by the client and my lead to termination of the tutor and a $2,500 (two-thousand five hundred dollars) fine for the tutor or loss of pay.

Tutors or TutorStars may suspend or declare a contract void, and all remaining hours forfeit, should the Tutor or TutorStars believe after reasonable investigation that the Tutor or that TutorStars is being subject to emotional or physical abuse or harassment by a student and/or parent/guardian of student, or behavior that leads the tutor to feel uncomfortable during the tutoring session. Re-institution of the contract and remaining hours is at the discretion of TutorStars. Tutors have the option of canceling a home appointment if there is not a third person present of age 18 or higher, these hours would then be considered forfeit. For any advance purchase, hours must be completed within a specified time and at a minimum of 2-hours/session once per week (1-hr/session for college). Exemption is made for Christmas break and College Spring Break, one week each. Tutoring is conducted only for the specified course(s) at the time of purchasing a plan. Unused hours during the semester are transferable to another semester but not to another student. Exceptions are made at TutorStars’ discretion.

The student/parent must provide previous day notice to the tutor for cancellations or to re-schedule an appointment; otherwise, failure to do so will forfeit the session (one or two hours as scheduled). Make up sessions must be completed the same week. Upon arrival of the Tutor, if the student is not available, the Tutor must wait 15 minutes, after which time the Tutor may declare the session (one or two hours as scheduled) forfeited. The tutor can cancel an appointment for any reason at any time prior to the appointment. It is not the responsibility of the tutor to re-schedule cancelled appointments or to ensure the weekly minimums. Students are still required to meet the weekly if the Tutor is unable to meet due to illness or other reason, but exceptions are made if the student contacts TutorStars during the same week of the missed appointment. Hours missed will not be returned if the client waits until after the week during which a replacement was needed.

IF A STUDENT IS CAUGHT MAKING SIDE DEALS WITH THE TUTOR, IN WHICH THE SERVICE IS NOT INVOLVED OR WITHOUT PERMISSION OF THE SERVICE, THE STUDENT AGREES TO FORFEIT ALL REMAINING HOURS AND PAY THE SERVICE $500 FOR LIQUIDATED DAMAGES PER INFRACTION AND ALL LEGAL FEES INCURRED TO COLLECT THE FINES.

Terms of Hiring

TutorStars is an equal opportunity employer and contractor. TutorStars provides equal opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Hiring policy for Independent Contractors and promoters relates to all phases of hiring including recruitment, placement, promotion, training, lateral transfers, layoffs, termination, compensation rates, and membership benefits.

Tutors are utilized as Independent Contractors; no relationship of employment, partnership, or joint venture agreement is expressed or implied. TutorStars is not required to offer benefits such as insurance, Workman's Compensation, Overtime, paid vacations, retirement plans, or other formalities associated with such relationships. Tutors are financially responsible for all expenses related to their work, which including any Federal, State, and Local taxes.

TutorStars does not guarantee the tutor will get any particular number of students or hours. Estimates may be provided but TutorStars is not responsible for the ultimate accuracy of such estimates. Tutors should not rely on TutorStars to be their sole provider for income. Furthermore, TutorStars does not reimburse tutors for supplies, tuition, transportation, or relocation. Upon relocation, tutors are not required to re-apply but should expect the opportunity to work to be different for each location.

TutorStars Independent Contractors will be paid 50% of the Gold Plan on an hourly basis in Las Vegas, and may be negotiated for tutors outside Las Vegas, and they will keep track of their hours as tutoring is conducted, both on paper and on the TutorSite Members area. Hours may be verified by TutorStars by contacting the client. Unused hours will remain unpaid if not used by the client, unless hours are transferred to another semester. Tutors who fail to submit a timesheet via mail, fax, or email, for a semester or quarter, by the second week after a semester either forfeit their remaining unpaid hours. Tutors are required to provide two week written notice, by fax or mail, for resignations; violation leads to forfeit of all unpaid hours for all contracts. Tutors who leave during a semester, who provide the two week notice, may be required to wait until the end of the term to receive payment.

Tutors also agree to donate the first two hours of service as a deposit to TutorStars; the two hours serve as a trial period to ensure the quality of the tutoring and reliability of the tutor, and they are nonrefundable. These two hours will not be returned even if the tutor provides two weeks notice of resignation in writing. The two hours will be used to support a free tutoring program sponsored by TutorStars.

Tutors agree to commit to one quarter or one semester for the term they are contracted for. Otherwise a tutor who resigns, with or without two weeks notice, forfeit all hours on the books for that term.

If the tutor is responsible, directly or indirectly, for loss of income to the service, loss of a client during or upon completion of a package, or dissatisfaction of client for any other reason, that tutor may be required to forfeit hours performed for the client and all clients. Direct causes of loss of income include poor customer service, missing appointments with or without notice, not calling the student back, being unreliable, being unreachable, providing less than two weeks notice of resignation, poor quality of tutoring, or misrepresentation of his/her abilities to tutor a subject, or any other reason. Hours worked may be forfeited whether or not the client remains or gets a refund.

Tutors are not permitted to have relations with the student/client other than professional, as tutor and student/client, and the tutor may not solicit tutoring from the client for any course/subject once the contract is fulfilled, for the duration of receiving referrals from the tutoring service, and for up to 4 years after the tutor is no longer working with TutorStars tutoring service. Clients may not contact or conduct business with the tutors for reasons unrelated to the course/subject for which they are hired during the fulfillment of a tutoring contract or during the semester during which tutoring was conducted. Such violation of the Agreement may void a current purchase of hours by the client and my lead to termination of the tutor and a $2500 (twney-five hundred dollars) compensation for liquidated damanges for the tutor and loss of pay.

Terms of Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed by or in part by TutorStars in connection with the Services shall be the exclusive property of TutorStars. This includes but is not limited to research studies and assessment development in which the tutor, client, or other party participates. Upon request, Tutor shall sign all documents necessary to confirm or perfect the exclusive ownership of TutorStars to the Work Product. Tutors may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services without explicit permission provided directly from TutorStars management.

Tutors acknowledge that all TutorStars students are exclusive clients of TutorStars and Tutor shall not render services to said clients independent of TutorStars, for the specific course(s) for which the Tutor was referred or for any course/subject regardless of whether TutorStars offers it/them, while currently working with TutorStars and for 4 years after resigning from TutorStars. If Tutor renders services to TutorStars clients, independent TutorStars, and under any circumstances, regardless of whether or not Tutor accepts payments for said services, Tutor then agrees to pay TutorStars, Two Thousand Five Hundred Dollars ($2,500), to compensate TutorStars for Tutor’s breach of contract and interference with TutorStars business practice. In addition, if TutorStars incurs attorney fees and cost in attempts to enforce this clause, then Tutor will be liable for said attorney fees and costs.

Tutors agree to Confidentiality with Proprietary Information and with the privacy of our customers, staff, and other Tutors. Tutors will be required to enter into a Non-compete Agreement and submit their Social Security Number before any students will be assigned to them. The tutor grants permission to TutorStars, its affiliates, and even serious customers, to do a "Background Check" as necessary. The tutor agrees to provide complete and truthful information to TutorStars, its affiliates, and all customers on all documents and during all communications without exception.

Tutors agree to permit biographical information to be posted on the TutorSite in the public domain, to include their first name only, nickname, education, experience, and courses they tutor. Tutor agrees not to use profanity or other controversial language or ideas which our viewers might find offensive; such conduct might possibly lead to their termination. Tutors grant TutorStars permission to edit, copy, publish, distribute, translate and otherwise use in any medium content they provide without limit or compensation.

TutorStars has the right to terminate the use of a tutor at anytime with or without cause. Upon the termination, the tutor agrees to return any and all copies of proprietary materials and writings received from, created for, or belonging to TutorStars, including, but not limited to, those which relate to or contain Proprietary Information and Company Records that are in the tutor's possession or under the their control. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Tutors are required to give no less than fourteen (14) days written notice of resignation. Tutors who resign without two week written notice agree to forfeit all wages owed to them or to forfeit the deposit, whichever is greater, and to pay all legal fees that TutorStars incurs in pursuing this in court. TutorStars will pay all compensation due 60 days of resignation or termination date or at the end of the semester. Tutor must give two (2) week notice for any interruption of availability, such as taking a vacation or for any other reason. If the tutor has a competent replacement, that replacement must be approved by TutorStars prior to taking the client.

Privacy Policy

TutorStars, its staff, and its Independently Contracted Tutors are required to respect the confidentiality of personal information and the privacy of individuals, for both clients and Tutors, and we will not at any time or in any manner, either directly or indirectly, use for the personal benefit, or divulge, disclose, or communicate in any manner any confidential, personal information. TutorStars utilizes procedures to protect the personal information it holds from misuse, loss, unauthorized access, modification or disclosure, by using various methods which include limiting the number of people who have physical access to our database servers and password protection for all files. TutorStars cannot guarantee the protection of personal information stored on or transmitted to and from our system over the internet and is not liable for release of such information due to factors beyond our control.

Occasionally, TutorStars might contact you to request feedback about your experience with our service. We may send out newsletters or promotions to our clients and Tutors for special announcements, upcoming events, to offer discounts, or other reasons. Clients or Tutors may wish to be excluded from contact by “unsubscribing” via email, website, phone, or mail. Any false accusations that we are contacting you without permission will be reported to authorities and pursued by legal action as necessary.

NON-COMPETE AGREEMENT

Independent Contractors:

For good consideration and as an inducement for TutorStars to conduct business with the Tutors, Promoter, Tutor/Promoter, or Trainer), the Independent Contractor hereby agrees not to directly or indirectly compete with the business of TutorStars and its successors in the city in which the Tutor tutors for TutorStars and assigns during the period of Independent Contracting and for a period of 4 (four) years following termination of employment and notwithstanding the cause or reason for termination. The tutor agrees to pay TutorStars a $10,000 fine and all legal fees incurred in the collection of this fine.

The term "not compete" as used herein shall mean that the Independent Contractor shall not own, manage, operate, or consult in a business substantially similar to, or competitive with, the present business of TutorStars or such other business activity in which TutorStars may substantially engaged during the term of Independent Contracting. A tutor may work for competing services during Independent Contracting and for up to 4 years after termination only if given written permission by TutorStars, on a case by case basis. This permission can be revoked at any time for any reason.

The Independent Contractor may continue to advertise and promote his/her own tutoring, acquire his/her own clients, or if given written permission, may work for another tutoring service, but only as long as trade secrets and company policies are not divulged to their clients or to competitors of TutorStars.

The Independent Contractor acknowledges that TutorStars shall or may in reliance of this agreement provide Independent Contractor access to trade secrets, customers and other confidential data and good will. The Independent Contractor agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.