Textbook Tactics Terms And Conditions

Introduction

Welcome to TextbookTactics.com, a unique website owned and operated by Textbook Tactics LLC ("TBT"). Please read these Terms and Conditions ("T&Cs") carefully because they govern your use of and access to this site. By using or accessing this site, you represent and warrant that you understand, agree to, and will abide by all of these T&Cs as well as the terms outlined in TBT's privacy policy, which is incorporated herein. If you do not agree to all of these T&Cs, you may not use or access this site.

Purpose and Proper Uses of this Site

The purpose of this site is to give all families an affordable and valuable tutoring resource so that students gain the knowledge and skills needed to complete their work on time, to comprehend and retain material they are learning in class, and have a means to gain access to tutors for one-on-one assistance as needed. TBT is not affiliated with any textbook publisher or curriculum provider, and TBT does not provide answers to textbook questions or copyrighted content from any such publisher or provider. Parents or students seeking a mere answer book for any work, should contact the publisher of that work. This website aims at helping students think, and thereby master materials in a way that will last longer than any one test or any particular problem. TBT's goal is to help students to learn and understand the principles they encounter in the classroom and textbooks and then to apply those principles to solve problems both in school and in the real world. TBT references certain publishers and textbooks to give students context as to the type of problems that they may encounter. The focus is not to solve any one problem but to help students succeed overall in understanding the particular curriculum that they may happen to be assigned. Any references or cross references to particular textbooks that are commonly required in some schools are for informational purposes only. Nothing on this site should be considered a replacement or substitute for a student's attendance at, participation in, or completion of any particular curriculum, class, course, lecture, homework, or assignment.

The information provided on this site is for general, informational purposes only. This site and its content have not been prepared with the specific situation or needs of any person in mind. You should never take any content or information perceived from this site at face value and should do your own due diligence and exercise your own judgment with respect to the issues presented. If you wish to apply the concepts contained herein, you take full responsibility for your actions. Any opinions expressed herein are those of the person expressing such opinions and do not necessarily reflect the views or positions of Textbook Tactics. Nothing herein should be treated as an inducement or recommendation to take any particular action, make any particular decision, or adopt any particular strategy. Before doing so, you should seek out appropriate educational, business, financial, medical, legal, or other advice from a qualified professional.

Unauthorized Uses of this Site

TBT, in its sole discretion, may determine which uses of this website are improper and/or unauthorized. Any use of this website for any purpose not expressly authorized by TBT is strictly prohibited. TBT may take any appropriate action in response to unauthorized uses of this website, including but not limited to removing, suspending, or blocking access to anyone who uses, accesses, or registers with this site. Unauthorized uses of this website include, but are not limited to, the following:

  1. Claiming credit for or submitting as your own work any content from this website as part of any curriculum, class, course, lecture, homework, or assignment.
  2. Using or accessing this site, or making copies of the content on this site, for anything other than your own personal or family educational use.
  3. Providing or posting any information or content, or otherwise engaging in conduct with respect to this site or its users, which is false, misleading, fraudulent, defamatory, inflammatory, threatening, abusive, intimidating, rude, indecent, obscene, or illegal.
  4. Copying, reproducing, publishing, broadcasting, modifying, or creating any derivative work of any portion of this website without the express prior written consent of TBT.
  5. Reverse engineering, decompiling, or altering any code, tools, or other material on this site.
  6. Using or introducing any bugs, web spiders, robots, or other automated browsing tools in connection with this site.
  7. Using or accessing this site to obtain the private information of any user, or otherwise violating the privacy or other rights of any user.
  8. Using or accessing this site for any purpose competitive with TBT, or to gather information about TBT or TBT's business practices.
  9. Using or accessing this site in violation of any national, state, or local law.
  10. Using or accessing this site in violation of any legal duty owing to a third party arising under contract or tort.

Categories of Member Accounts and Member Qualifications

To access or use the services provided by TBT, you must register as a "Member" of TBT. In registering, you expressly represent and agree that you do not intend to use your membership for any unauthorized uses. "Members" include registered students ("Student Members") and registered tutors ("Tutor Members").

  • A Student Member account may be created or updated only by someone who is 13 years of age or older. If you are under age 13, you must not register with or use this site. A Student Member's account may be accessed and controlled by a Parent Member. Once a Student Member reaches the age of 18, he or she may choose not to have a Parent Member access or control the Student Member's account by selecting this option in the Student Member's account settings. Registration as a Student Member does not require payment of a monthly fee.
  • A Tutor Member account may be created or updated only by a person who meets all of the minimum qualifications ("Tutor Qualifications"):
    • You are at least 18 years of age;
    • You have never been convicted of any misdemeanor, felony, or other crime of any nature, including without limitation any sexual offense;
    • You currently are not being charged with any felony or any sexual offense.
    • You have obtained a criminal background check from Integrascan within the last year, have provided a copy of that background check to TBT, and have received an email from TBT confirming it has received a copy of the background check.
  • By registering or continuing to be registered as a Tutor on this site, you represent, warrant, and agree that you meet, and will continue to meet as long as you are registered, all of the Tutor Qualifications. Registration as a Tutor Member requires payment of a monthly fee.

TBT Not Liable for Misconduct of Members

By using or accessing this site, you understand, acknowledge, and agree that TBT (a) assumes no responsibility and shall not be liable for Members' statements and conduct with respect to each other, this site, and otherwise; (b) has no control over Members' conduct or Members' relationships, agreements, conduct, or contact with each other (e.g. parent/child, or tutor/student); (c) has no actual knowledge, and does not independently verify, that any of all of the above listed qualifications are met or continue to be met by any Member; and (d) has no obligation to conduct its own independent investigation or inquiry regarding Members or their qualifications.

Membership and Content

Different categories of Members may use and have access only to certain kinds of content on this site:

  • Student Members may use and have access to (1) in-depth video tutorials in all levels of high school mathematics; (2) video solutions that will teach students principles to problems that will help them to learn how to solve different problems in their own textbooks; (3) an organized student calendar that may provide access to local volunteer, internship, and study abroad opportunities; (4) a student home page where they can search and "favorite" videos, view a recent news feed local to TBT, and view upcoming calendar events. Student Members (who must be at least 13 years old) also may create and update their profile and account settings.
  • Tutor Members may post a profile that will be part of a tutor search engine that will allow Student Members to find local tutors to help students one-on-one.

Any other use of or access to content not specifically listed above is expressly prohibited. From time to time, TBT may introduce new or additional content or services on this site, which may or may not become part of the content accessible to a particular kind of Member. TBT also reserves the right to remove or block access to any content or service provided on this site at any time. A particular kind of membership and membership in general do not guarantee access to any particular content or service.

Membership Billing

Certain memberships require payment of periodic membership fees, which are processed through PayPal. TBT's membership rates are set forth on our site, and are payable on a monthly basis prior to using or accessing the site for a given month. You agree to pay all applicable fees for your membership and use of this site, plus any applicable taxes or charges as may be required, when they become due and payable. All fees and charges are payable in advance and are non-refundable, even after cancellation.

Membership Password, and Profile

Each Member's access to the content on this site is controlled by the Member's email address and password. You agree not to share your password with anyone. You must use a password that is memorable and secure. If you know or have reason to believe that someone has obtained your password, you must change your password in your account settings. You are solely responsible for all activities that occur under your account or password, including any unauthorized use thereof.

At all times, you must maintain accurate and up-to-date information in your Member Profile, including, at a minimum, your name, address, city, state, zip code, and a valid email address. TBT's collection and use of this information is governed by TBT's Privacy Policy.

Notices

You agree that TBT may send you notices – including legal notices, notices regarding these T&Cs, and other notices–to the current email address listed in your Member Profile. You also agree that TBT's sending of such notice constitutes constructive notice to you of the information contained therein, regardless of whether you do not receive such notice based on any condition not caused by TBT or its agents, including without limitation your providing an incorrect email address to TBT.

Cancellation and Suspension of Membership

You may choose to cancel your membership at any time by logging into your account and selecting "Manage Profile", from there click on "Delete Account". Failure to pay monthly fees or other charges, or failure to abide by these T&Cs also may result in cancellation or suspension of your membership, in TBT's sole discretion.

Disclaimer of Warranty, Waiver of Liability, and Indemnification

THE CONTENT ON THIS SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND ANY CONTENT OR INFORMATION FOUND HEREIN, AS WELL AS YOUR RELATIONSHIPS, AGREEMENTS, CONDUCT, AND CONTACT WITH ANY OTHER MEMBER OF THIS SITE (INCLUDING TUTORS), ARE ENTIRELY AT YOUR OWN RISK. TBT MAKES NO GUARANTEE AS TO THE CURRENCY, ACCURACY, QUALITY, OR COMPLETENESS OF CONTENT OR INFORMATION PUBLISHED AND/OR ARCHIVED ON THIS WEBSITE, INCLUDING INFORMATION PROVIDED BY MEMBERS. TBT MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO LEGAL LIABILITY OR RESPONSIBILITY FOR THE CURRENCY, ACCURACY, QUALITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION FOUND ON THIS SITE, OR THAT THIS SITE OR ANY GIVEN CONTENT OR INFORMATION WILL BE ACCESSIBLE AT ANY GIVEN TIME. BY USING OR ACCESSING THIS SITE, YOU ASSUME THE RISK THAT THE CONTENT OR INFORMATION ON THIS SITE MAY BE INACCURATE, INCOMPLETE, NOT UP-TO-DATE, INACCESSIBLE, OR OTHERWISE NOT MEET YOUR NEEDS OR REQUIREMENTS.

TBT SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CONTENT OR ANY SERVICE PROVIDED THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT IN NO EVENT WILL TBT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, LIABILITY, DAMAGES (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OR ANY OTHER LOSSES OR COSTS OF ANY KIND (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FOR ANY USE, INTENDED USE, FORWARDING, OR COPYING OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE, AND FOR ANY HARM RELATED TO YOUR RELATIONSHIPS, AGREEMENTS, CONDUCT, OR CONDUCT WITH ANY OTHER MEMBER OF THIS SITE, EVEN IF TBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HARM AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT TBT IS HELD LIABLE FOR ANY SUCH DAMAGES, THEY SHALL BE LIMITED TO ANY FEES PAID BY YOU TO TBT.

You agree to indemnify and hold harmless TBT and its members, managers, employees, and agents, and you release TBT and its members, managers, employees, and agents, for any claims, demands, liability, damages (including special, indirect, consequential, or punitive), or any other losses or costs of any kind (including without limitation attorneys' fees), whether now known or hereafter arising, which are asserted or may be asserted by you or any third party against TBT, its members, managers, employees, or agents, and that relate to your use of or access to this site, or any service provided by TBT, or the representations or conduct of any Member or visitor of this site. If you are a California resident, you waive California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Non-Endorsement of and Non-Affiliation with Third Parties

TBT is not affiliated in any way with any textbook publisher or curriculum provider. The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, is provided only as a convenience and the inclusion of any link or reference does not constitute or imply an endorsement, approval, affiliation, sponsorship, or recommendation by TBT, nor by the party linked as to TBT. Certain links on this website may lead to resources or content that are not maintained or controlled by TBT. TBT makes no claim, warranty, or representation regarding, and is not responsible and disclaims all liability for, the quality, content, nature, or reliability of any third-party website or the information, products, or services found thereon.

Copyrights, Trademarks, and Other Intellectual Property

© 2011 Textbook Tactics LLC. TBT owns the copyright in all content on this site, unless otherwise indicated. You may not copy, reproduce, publish, broadcast, modify, or create any derivative works of any content on this site, in any format or media, without TBT's express prior written permission. TBT owns the trademarks and service marks TEXTBOOK TACTICS™, GET YOUR LEARN ON™, and the TBT design logo featured on this site. All other marks are the property of their respective owners. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any trademark, copyright, patent, or other intellectual property right of TBT or any third party, except as expressly granted herein.

Applicable Laws

The statutes and laws of the State of Arizona will apply to all matters relating to the use of and access to this website, without regard to its conflicts of laws principles and, further, that any actions arising out of your use of or access to this website shall only be brought in the state or federal courts located in the State of Arizona. TBT makes no representation that materials on the website are appropriate or available for use in any location outside of Arizona. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Changes to Terms and Conditions

TBT reserves the right to change these T&Cs at any time by publishing the amended terms and conditions at www.textbooktactics.com. You should visit this page from time to time to review the then-current T&Cs that are binding on you. Certain T&Cs may be superseded or expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you. The effective date of these T&Cs is September 1, 2011.

Contact Information

Please send any questions or concerns regarding these T&Cs, or any notices or complaints to the following address:

Textbook Tactics, LLC
5035 E. Rancho Del Oro
Cave Creek, Arizona 85331