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Public Areas

A Public Area ("Public Area") of the Site is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other Tutor-book users, such as profiles, forums, or areas of the site. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site. BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY Tutor-book AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION. By making a Submission to any Public Area, you automatically grant Tutor-book the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the Tutor-book Site to access, view, store, or reproduce the Submission for that user's personal use.

Links

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. Tutor-book shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.

Ownership Of Materials

The contents of the Site, including without limitation text, software, photos, graphics, and all other audiovisual elements are copyrighted Tutor-book as a collective work under the United States copyright laws, or have been approved for use by the owner. Except for material in the public domain, Tutor-book and its licensors hold copyrights to all content appearing on the Site. Tutor-book permits, without charge, the reproduction and distribution of Tutor-book material contained on the Site for non-commercial educational and personal uses; provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on such materials and by the Site's URL (http://{siteurl}). We retrain and reserve all rights to this information. Other reproduction, distribution, retransmission, modification, public display, and public performance of such materials is prohibited without the prior written consent of Tutor-book. To obtain such consent, please contact us.

Indemnification

You agree to hold harmless Tutor-book and its Information Providers and any other person or entity involved in creating or distributing the Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the Site.

Modification of Agreement

You agree that Tutor-book may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (10) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.

Disclaimer Of Warranties

You expressly agree that your use of the site, including, without limitation, any material and/or data developed by Tutor-book or by third parties ("information providers"), is at your sole risk. The site, and any content or materials available through the site, are provided on an "as is" and "as available" basis and without warranty of any kind, express, implied or statutory. Tutor-book and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or noninfringement, or any warranty as to results that may be obtained through the use of the site. Tutor-book does not represent or warrant that the site will function without interruption, that the site is error- or defect-free, that any such defects or errors will be corrected, or that the site and the server(s) that make the site available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from Tutor-book or otherwise through your use of the site shall create any warranty on the part of Tutor-book or the information providers. Further, Tutor-book and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through the site or from third parties will be correct, accurate, timely, reliable or otherwise.

Limitations On Liability

In no event shall Tutor-book, the information providers or any other person or entity involved in creating or distributing the site be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use the site, any changes to the site or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through the site. Tutor-book is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

If you are dissatisfied with the site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if Tutor-book or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Allocation Of Risk

You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and Tutor-book and form an essential part of the basis of their bargain, without which Tutor-book would not enter into this agreement or provide the site.

General

This Agreement contains the complete and final statement of the understanding between you and Tutor-book with respect to, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and Tutor-book concerning, the subject matter of this Agreement.

If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.

The waiver by Tutor-book of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of Tutor-book to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.

All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.

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