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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This Agreement contains all of the terms and conditions between EWebStudy LLC ("EWebStudy LLC") and you ("User") and governs the use of the services offered at by the EWebStudy LLC Web site (the "Site"). By doing any search for a Course on the Site or using any other resources or information on the Site, User agrees that (I) User has read this Agreement and understands all of its contents and (II) User accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this User Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site. TERMS AND CONDITIONS EWebStudy LLC uses its partner company Global Technology Resources And Solutions Inc. to provide these tutoring services. We have chosen this partner, with the understanding that this is the center for academic excellence and has produced world renowned scholars and academicians. With this understanding the user agrees with the following terms and conditions. Location of Tutors EWebStudy LLC has full rights to choose any location in the world to choose the tutors from or the partnering company. It is also disclosed that the tutors may be full time or part employees of our partnering company. Online Transactions Once User has accepted the terms of the advice or service and payment has been made to EWebStudy LLC, there is a binding contract implicit between the User and EWebStudy LLC. All or part of tutoring sessions is recorded for quality control purposes. EWebStudy LLC reserves the right to review the tutoring sessions for all purposes on behalf of the Users and tutors, respectively. EWebStudy LLC reserves the right to suspend privileges to any Tutor or User not adhering to the policies of the Site. Billing and Payment Policy Users are obligated to pay when EWebStudy LLC delivers service. The minimum charge for any transaction will be agreed at the time of registration. Guarantee If a User is not reasonably satisfied with the lesson provided by their Tutor, we will try within our means to provide you with another tutor. As part of your feedback, you will have to provide the feedback in the feedback form after every tutorial. If the rating is below 2, we will credit you the session and will provide you with another complementary session. After completing each tutoring session, Users are asked to evaluate their Tutor. EWebStudy LLC will review each request within 48 hours and, if approved, arrange for the User to receive a replacement lesson at their convenience. EWebStudy LLC reserves the right to reasonably limit the number of times any User can repeat the same tutoring session pursuant to this guarantee. Eligibility You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. User hereby agrees to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account to access EWebStudy LLC. User should always supervise User's children's use of the Internet. If User resides in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, User may not use this Site. Such countries include Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan, among others. Prohibited Use The Site and services contained herein may be used to find, select, and connect with Tutors for the purpose of receiving or delivering instruction, tutoring, and advice. No person may use this Site to recruit, solicit, or contact in any form Tutors or Users for employment or contracting for a business not affiliated with EWebStudy LLC without written permission from EWebStudy LLC. User Account, Password and Security User is entirely responsible for maintaining the confidentiality of any password and account number provided by EWebStudy LLC for accessing the Site, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify EWebStudy LLC of any unauthorized use of User's password or account or any other breach of security. EWebStudy LLC will not be liable for any loss that you may incur as a result of someone else using User's password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EWebStudy LLC or another party due to someone else using User's account or password. You may not use anyone else's account at any time, without the permission of the account holder. OWNERSHIP OF INTELLECTUAL PROPERTY All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of EWebStudy LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. EWebStudy LLC hereby grants User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of EWebStudy LLC. Use of EWebStudy LLC and/or its licensors' Material is only permitted with EWebStudy LLC's express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. INDEMNIFICATION You agree to indemnify, defend and hold harmless, EWebStudy LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. EWebStudy LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with EWebStudy LLC in asserting any available defenses. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EWebStudy LLC is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EWebStudy LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY EWebStudy LLC OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall EWebStudy LLC's aggregate liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by User to EWebStudy LLC, if any, in the twelve (12) month period prior to any dispute. MISCELLANEOUS This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. EWebStudy LLC may terminate this Agreement immediately without notice for any breach by User of this Agreement or any applicable policy of EWebStudy LLC as posted on the Site from time to time. Furthermore, EWebStudy LLC may terminate this agreement without notice to User by terminating the rights of User to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Virginia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Virginia. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. PRIVACY POLICY AND COPYRIGHT NOTICE EWebStudy LLC's Privacy Policy located on the Site, as modified by EWebStudy LLC from time to time, shall govern any disclosure or use of User's personal information. EWebStudy LLC's Copyright Notice is also located on the Site and shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site. EWebStudy LLC Responsibilities EWebStudy LLC will be responsible for checking accuracy of EWebStudy LLC's billing and payment processing for online transactions.
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