Terms Of Use Agreement

Terms of Use

Welcome to our Website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “We Read Together” or “us” or “we” or “our” refers to GAMECHANGER, LLC, the owner of the Website. The term “you” refers to the user or viewer of our Website.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Website (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

  1. Intellectual Property.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through or downloaded from the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

  1. Service and Trademarks.

“GAMECHANGER” and “GAMECHANGERTUTORING.COM” are our service and trademark or registered service mark or trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners.

  1. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any time sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

  1. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

  1. Sponsorships.

The Site may contain sponsorships. Sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the sponsor’s materials.

  1. Registration.

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.

  1. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.


  1. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

  1. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

  1. Non-transferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

  1. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

  1. Limitation of Liability

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

  1. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

17.  Third-Party Services. 

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. See our Privacy Policy for specific details.

  1. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  1. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

  1. Payments.

You represent and warrant that if you are purchasing something from us through PayPal or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. We do not directly collect any credit information from You.

  1. Securities Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

  1. Links to other Websites.

The site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  1. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in a Notice, pursuant to the Digital Millennium Copyright Act:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  1. Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

  1. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

  1. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Westchester County, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

  1. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of AAA. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Westchester County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Westchester County, New York necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.

STUDENTS’ TERMS OF USE

GAMECHANGERNOW, LLC (hereafter referred to as GAMECHANGER) connects kids to confidence. We are your free helpline that connects you to hard to find, competitively priced tutors, coaches, and specialists. Whether you are looking for an academic tutor, sports instructor, music instructor, or art teacher, GAMECHANGER is your answer. GAMECHANGER is determined to empower the well-rounded child.

Please read these Terms before using or continuing to work with GAMECHANGER. Do not continue to work with GAMECHANGER unless you fully understand and accept each provision of these Terms of Use. By using or continuing to use GAMECHANGER, you warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.
For the purpose of these Terms, a client is defined as anyone who connects to GAMECHANGER to work with an instructor affiliated with the GAMECHANGER referral list.

REGULATIONS

gamechangertutoring.com is the website associated with GAMECHANGER’S free referral service that connects clients to instructors.

All instructors affiliated with GAMECHANGER are considered independent contractors who control the methods, materials, payments, and all aspects of the lessons.

GAMECHANGER is here to empower and enlighten clients. GAMECHANGER offers suggestions for instructors based on our knowledge of the clients’ needs. However, clients are solely responsible for ultimately selecting the right instructor, and retain the ultimate responsibility for reviewing and investigating each instructor’s credentials, education, experience, and background.

All instructors affiliated with GAMECHANGER are independent contractors and therefore are not employed by GAMECHANGER in any capacity. GAMECHANGER does not issue any forms relating to income or taxation for any instructors as they are self-employed.

ALL INSTRUCTING SESSIONS MUST BE SUPERVISED BY A RESPONSIBLE ADULT.

GAMECHANGER makes no representations that gamechangertutoring.com is appropriate or available for use in any or all locations.

GAMECHANGER – via its website, gamechangertutoring.com and its email system, [email protected] – does not guarantee and cannot assume responsibility for delivery of all messages to GAMECHANGER, to an instructor, or to a client.

Clients acknowledge, understand, and agree that instructors are connected to clients solely for the purpose of facilitating learning – not cheating. Instructors will not complete assignments, write papers, complete tests or quizzes, or in any manner complete work on behalf of the client. Clients agree to uphold their own school/college/university’s conduct and academic honesty policy.

Clients must be of legal age and have capacity to agree to these Terms of Use.

Clients shall not post or transmit any content through gamechangertutoring.com that could be considered inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to GAMECHANGER, instructors, or clients. GAMECHANGER retains the sole authority to determine whether any content is deemed inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable, and such content can be removed by GAMECHANGER at its discretion. Clients posting such content can be blocked from using the gamechangertutoring.com platform.

Clients shall not post or transmit any information via gamechangertutoring.com’s platform that violates or infringes on anyone’s intellectual property.

GAMECHANGER reserves the right for any reason or no reason to remove or edit any content that appears on gamechangertutoring.com or any GAMECHANGER platform without the consent of any third party.

Clients shall NEVER refer instructors affiliated with GAMECHANGER by full name to potential new clients and must refer said potential new clients to GAMECHANGER rather than to a specific instructor afflilated with GAMECHANGER.

Clients shall not solicit any instructor or user to work with them or for another company for employment, independent contracting services, performances, or other service. GAMECHANGER retains the right to stop referring instructors to clients who attempt to circumvent GAMECHANGER in any manner, either by offering instructors compensation outside of GAMECHANGER or by referring instructors to another company for the aforementioned uses.

Clients shall not engage in any communication related to sexual conduct, nudity, or which expresses profanity on gamechangertutoring.com.

Clients shall not restrict any other user from using gamechangertutoring.com.

Clients are prohibited from spamming any content on gamechangertutoring.com or spamming any information about or related to GAMECHANGER on any third party platform.

GAMECHANGER reserves the right to post and publicize any comments by any GAMECHANGER clients or instructors affiliated with GAMECHANGER regarding service, reputation, and expectations about GAMECHANGER or its instructors. All comments will be used discreetly and confidentially.

Clients shall not take any action that would undermine any aspect of gamechangertutoring.com.

Clients agree to work with GAMECHANGER and to communicate on gamechangertutoring.com or any GAMECHANGER platforms in a manner that is lawful, relevant, and appropriate. GAMECHANGER retains the sole discretion to remove any client with or without cause and for any reason or no reason.

Clients shall not use gamechangertutoring.com for any reason that could violate local, state, or national law.

Clients shall not reproduce, duplicate, copy, sell, re-sell, or exploit any information, logo, materials or content on gamechangertutoring.com nor can clients reproduce, duplicate, copy, sell, re-sell, or exploit any information regarding GAMECHANGER on any third party platform.

Clients accept and acknowledge that it is the clients’ sole responsibility to conduct any and all background and reference checks regarding other instructors and/or clients affiliated with GAMECHANGER and communicating with clients.

Clients confirm and acknowledge that neither the client nor anyone living in the client’s home has been the subject of a complaint, restraining order, or any other legal action involving violence, abuse, neglect, fraud, larceny, or any other offenses in any way related to endangering the safety of others.

Clients confirm and acknowledge that they have not been convicted of a crime of any nature, including any felonies or misdemeanors of any kind, including without limitation any sexual, child abuse, or domestic violence offenses.

Clients cannot be registered sex offenders in any jurisdiction or with any government entity.

Clients – or residents in the clients’ homes – cannot currently be out on bail or awaiting trial, relating to any felony or misdemeanor charges of any kind, including sexual, child abuse, or domestic violence offenses.

Clients accept and acknowledge that GAMECHANGER is in no way liable for the acts of any instructors and/or clients affiliated with GAMECHANGER.

Lesson prices are agreed to when the client commits to a first lesson with a GAMECHANGER instructor. Instructors set their own lesson rates.

Unless otherwise notified directly by GAMECHANGER, clients must schedule all lessons with GAMECHANGER tutors/instructors via the GAMECHANGER website – gamechangertutoring.com.

Instructors referred by GAMECHANGER set their own policies regarding refunding compensation to a client/student if said client is unhappy with the instructor for any reason, including but not exclusive to incomplete, unsatisfactory, or otherwise unacceptable performance of services as rendered by said instructor.  As instructors are compensated by clients, clients have no recourse from GAMECHANGER regarding a refund and must work directly with the instructor to determine a fair and appropriate course of action. At no time can a client/student hold GAMECHANGER in any way or for any reason financially responsible for services rendered by an instructor referred by GAMECHANGER. GAMECHANGER has no obligation to recompensate either the client or the instructor for any financial dispute regarding services rendered – complete, incomplete, unsatisfactory, or otherwise disputed.

Clients can only use the gamechangertutoring.com website with the permission of GAMECHANGER, which can be revoked or suspended at any time for any or no reason.

Clients understand that not all instructors on GAMECHANGER platforms, including but not limited to gamechangertutoring.com. GAMECHANGER does not perform background checks on any instructor or user of gamechangertutoring.com. GAMECHANGER makes no representations or warranties as to the conduct of clients or instructors or their compatibility with any current or future client or instructors.

GAMECHANGER strongly recommends that clients contact us in a timely manner regarding status with instructors, including but not limited to progress updates, compatibility, timeliness, responsiveness, and overall satisfaction with instructors referred by GAMECHANGER.

GAMECHANGER does not require any client or instructor to meet offline with any other client or instructor. Clients agree to take reasonable precautions in all interactions with instructors and other GAMECHANGER clients. Clients understand and acknowledge that GAMECHANGER makes no guarantees, either express or implied, regarding your experience with instructors or clients, that clients and instructors meet through the service. Clients and instructors interact at their own risk and at their own peril.

In no event is GAMECHANGER liable to clients or to any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profits arising out of or relating to any act or omission by clients, instructors, GAMECHANGER, or any third party affiliated in any way with gamechanger. GAMECHANGER is not liable for any actions regarding any affiliation with GAMECHANGER instructors or clients, including without limitation, bodily injury, emotional distress, and/or any other damages.

 

GAMECHANGERNOW, LLC (hereafter referred to as GAMECHANGER) is here to help you connect with the students whom you never would have found on your own. While you continue to network, searching for students, and working with the students you already have, GAMECHANGER introduces you to additional students you’d never have met without us. We consider ourselves to be the icing on your cake, bringing you more work, more income, and new connections as we market your invaluable skillset.

Please read these Terms of Use before using or continuing to work with GAMECHANGER. Do not agree to the Terms of Use unless you fully understand and accept each provision. By using or continuing to use GAMECHANGER, you warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

For the purpose of these Terms of Use, an instructor is defined as anyone who is referred by GAMECHANGER to teach any subject.

INSTRUCTOR REQUIREMENTS:

At GAMECHANGER, we get to know instructors professionally and personally. Before we consider you to be a member of the GAMECHANGER team, you must meet the following requirements –

Background checks – We require all instructors affiliated with GAMECHANGER to have a completed background check on file and available for GAMECHANGER’S review if requested for any or no reason. If an instructor does not have a background check on file, said instructor must be willing to do a background check upon request.

Instructors expressly consent to GAMECHANGER collecting, using and disclosing any information obtained in any such report. GAMECHANGER can review and rely on the information in any reports obtained when deciding whether to terminate an instructor. GAMECHANGER is not responsible or liable in any way in the event that any information found in any obtained reports about any person is not accurate, timely, or complete. GAMECHANGER has the sole discretion and reserves the right to suspend and/or terminate instructors based on information in any independently obtained reports or for any other reason.

All instructors must be “experts” in their fields, with a complete knowledge of the content of the sport, instrument, or subject matter that they teach. This includes ALL central concepts and main ideas as well as basic concepts, definitions, and details of the course at each grade level and skill level that you propose to teach. We expect all tutors to be current on NYS curriculum and requirements as well as maintaining up-to-date knowledge of all standardized testing requirements.

GAMECHANGER requires instructors to research requirements for local curriculum. Therefore, instructors teaching a Regents course must have a deep understanding of all materials covered on the Regents. If a coach is training a child for a travel sport tryout, the coach should know the requirements of the tryout and be able to teach the strategy and skill set necessary for the student to achieve success. All instructors must be completely prepared for the lesson before meeting with the student. If necessary, please contact the student in advance of the appointment to ensure that you can proficiently teach the subject matter.

Instructors are expected to be professional and patient. Since our reputation is of paramount importance, we will not tolerate words or deeds that damage our good name. We expect our instructors to show up to lessons and appointments on time. NEVER cancel a lesson without at least EIGHT hours notice. Be polite to everyone in the household.

Instructors and coaches are expected to be articulate. In addition to having a complete knowledge of the course content, syllabus, and course standards, you must be able to clearly and logically communicate information to students.
Instructors are expected to act in the best interests of their students at all times. Instructors are expected to uphold their commitments to their clients barring any unforeseen emergencies or circumstances.

Therefore, once an instructor accepts a job at an agreed upon location with an agreed upon fee (and commission), the instructor is obligated to continue at the will of the family as long as all other circumstances (fee, location) remain the same as those originally agreed upon by the instructor. If at anytime, the instructor does not act in the best interest of a client, GAMECHANGER reserves the right to immediately terminate its association with said instructor.

If, at any time, an instructor chooses to affiliate with another Westchester County tutoring/referral service, said instructor is obligated to inform GAMECHANGER of said affiliation immediately (within 24 hours of this affiliation). We reserve the right to terminate instructors who choose to affiliate with another Westchester County tutoring service. This termination is done solely at the discretion of GAMECHANGER. All GAMECHANGER clients remain property of GAMECHANGER and cannot be moved with said Instructor to another tutoring/referral service. Instructor must keep all contact information for GAMECHANGER clients completely confidential and cannot, at any time, provide this information to a third party. GAMECHANGER reserves the right to take legal action if an instructor releases information regarding a GAMECHANGER client to a third party.
Instructors must acknowledge that a “GAMECHANGER client” comprises an entire family, not simply one member of the family.

Therefore, if you are instructing one student within a household and you are asked to instruct another student within the same household, that second student is also a gamechanger client. All instructors must pay a referral commission on any and all GAMECHANGER clients.

While gamechanger is always working on behalf of our instructors, GAMECHANGER makes no warranties regarding getting clients for instructors. Nor does gamechanger guarantee any minimal number of clients for an instructor. An instructor can be on the GAMECHANGER referral list but not work with any clients at any given time.

GAMECHANGER expects all instructors to behave in a professional manner regarding discussions of GAMECHANGER clients. Do not mention, acknowledge, or discuss names, situations, or progress regarding any other GAMECHANGER clients. Failure to adhere to this expectation can result in immediate termination.

Instructors cannot possess, use, sell, or be under the influence of alcohol or drugs while conducting instruction.
Instructors must observe all anti-harassment and non-discrimination laws in the performance of your services.

Instructors must pay commission on all of their GAMECHANGER lessons via the gamechangertutoring.com website or by mailing a weekly check on an up to date, weekly basis. All lessons must be recorded on the GOOGLE doc forms shared with instructors and must remain on the shared platform at all times.

GAMECHANGER reserves the right to suspend and/or terminate any instructor with or without notice at any time in its sole discretion, for any reason or for no reason. Instructors agree that, if suspended/terminated, they will make no further use of gamechangertutoring.com, completely cease contact with all GAMECHANGER clients, and GAMECHANGER reserves the right to remove their profile from gamechangertutoring.com without refunding any fees associated with said profile.

RESPONDING TO GAMECHANGER:

We expect our instructors to respond to us as quickly as possible, preferably within THREE HOURS of receiving an offer of a new student.

If we do not hear from an instructor within an appropriate amount of time of sending an email or leaving a voicemail, we will move onto the next instructor.

Additionally, GAMECHANGER reserves the right to revoke a job offer to any instructor who does not respond to GAMECHANGER or to a client within an appropriate amount of time, which is to be determined solely at the discretion of GAMECHANGER.

Please note that every GAMECHANGER client remains the property of GAMECHANGER for the life of the relationship. Therefore, no matter how long an instructor works with a GAMECHANGER client, the client remains the property of GAMECHANGER, and the instructor continues to be responsible for commission on this client. This applies whether you have a consistent or sporadic (stop/start) relationship with the GAMECHANGER client

Please note that every instructor is welcome to turn down any job. However, if you accept a job you are obligated to follow through with the client.

PAYMENT:

For local instruction, the client schedules appointments via the GAMECHANGER website and leaves a deposit to hold the appointment. The remainder of the fee is paid directly to the instructor at the time of the lesson.

All instructors must be paid at the time of each individual lesson. If you do not receive payment at the time of a lesson, you are solely responsible for receipt of payment.

All instructors must complete their GOOGLE doc forms on a weekly basis.  All timesheets must be completed on our shared platform via the forms provided.

Failure to pay GAMECHANGER in a timely and appropriate manner could result in removal from our referral list and notification to clients that instructors no longer work with GAMECHANGER. If payment to GAMECHANGER is 10 days or more past due at any time, GAMECHANGER reserves the right to impose a $25 late fee to your account. If payment to GAMECHANGER is more than 20 days past due at any time, GAMECHANGER reserves the right to notify your clients and re-assign the lessons. If payment in the form of a check “bounces” and cannot be appropriately redeemed, the tutor/coach is responsible for replacing said payment and incurring any additional fees imposed by the bank.

For online instruction, clients will pay instructors’ fees through GAMECHANGER’S website. Instructors will receive payment within 72 hours of receipt by the GAMECHANGER system.

GAMECHANGER offers the option of commission payments made via our website. An upcharge of $1.50 per transaction will be charged to the instructor. GAMECHANGER continues to offer the option of mailing a weekly check to GAMECHANGER that must be mailed NO LATER THAN every Friday of every week that an instructor works with a GAMECHANGER client.

Instructors are expected to complete a google doc shared timesheet on a weekly basis whenever the instructor is working with a GAMECHANGER client. Failure to do so could result in a $10 administrative fee.

Instructors are expected to perform services as per their agreement with their client. As per these Terms of Use, instructors must maintain the utmost professionalism (as defined within these Terms of Use) when working with a GAMECHANGER client. Failure to do so will result in immediate termination of the account and all GAMECHANGER accounts, and GAMECHANGER retains the right to stop working with any instructor who is deemed unprofessional (in any way and for any reason) by a GAMECHANGER client. GAMECHANGER also retains the right to make the  recommendation that the instructor not collect any compensation from an unsatisfied client. The instructor has the authority to make the final decision regarding any dispute of compensation from unsatisfied clients as the instructor is an independent contractor referred by GAMECHANGER. GAMECHANGER is in no way and under no circumstances responsible to compensate the instructor for failure to receive the agreed upon compensation by a client for any reason.

RELATIONSHIP WITH GAMECHANGER

Instructor’s relationship with us is that of an independent contractor. Nothing in the terms of use, or any agreement is intended to or shall be construed to create a partnership, agency, joint venture, employment, or similar relationship between you and us.
Instructors are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to the performance of the services and receipt of compensation.

Instructors are solely responsible for conduct at any lesson or within any communication with student/client. At no time and under no circumstance or situation is GAMECHANGER responsible for any acts of misconduct on the part of the instructor or the student. As GAMECHANGER is a referral service, here to empower and enlighten clients and connect instructors to additional financial/teaching resources, instructors are not employees of GAMECHANGER and henceforth are completely and solely responsible for any accidents, mishaps, miscommunications that happen within the course of the instructor’s work with a client/student obtained via GAMECHANGER.
Instructors agree and understand that they assume all risks when working with GAMECHANGER, including without limitation any and all of the risks associated with any online or offline interactions with clients. Instructors agree to take all necessary precautions, without limitation. GAMECHANGER is not responsible for any disputes, claims, loss, injury, or damage of any kind that might arise before, during, or after any interactions between instructors and clients.

GENERAL TERMS:

GAMECHANGER retains the right to link to outside websites and to advertise independent resources on gamechangertutoring.com. Instructors acknowledge that GAMECHANGER is not responsible for the availability, veracity, or endorsements of the content of any site or advertisement that appears on gamechangertutoring.com.

GAMECHANGER is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any content, goods, or services linked or advertised on gamechangertutoring.com.

GAMECHANGER reserves the right to post and publicize any comments by any GAMECHANGER clients or instructors affiliated with GAMECHANGER regarding service, reputation, and expectations about GAMECHANGER or its instructors. All comments will be used discreetly and confidentially.

Unless expressly authorized by GAMECHANGER, instructors cannot reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, download, transmit, or republish the content of gamechangertutoring.com in whole or in part.

Nothing in GAMECHANGER’S Terms can be construed as conferring any license to intellectual property rights.

Instructors agree to indemnify, defend, and hold harmless GAMECHANGER and its owners against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by GAMECHANGER in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to gamechangertutoring.com; (c) breach of these terms of use; (d) disputes with or between instructors and clients; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. Instructors agree to cooperate with GAMECHANGER in the defense of such claims. GAMECHANGER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification and instructors cannot, in any event, settle any claim or matter on behalf of GAMECHANGER.

GAMECHANGER can notify gamechangertutoring.com users via email, regular mail, or posting notices or links to notices on gamechangertutoring.com. GAMECHANGER can, at any time, modify, suspend, or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. GAMECHANGER may also delete, or bar access to or use of, all related information and files. GAMECHANGER is not liable for any third-party for any modification, suspension, or termination of service, or loss of related information. GAMECHANGER may amend these Guidelines at any time by posting the amended terms on gamechangertutoring.com

These Terms of Use shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of New York.

These Terms of Use must be regarded as an entire agreement between instructors and GAMECHANGER relating to their subject matter, and cancel and supersede any prior versions of these Terms. Instructors cannot assign or otherwise transfer GAMECHANGER’S Terms or any right granted hereunder. Instructors are also subject to additional terms and conditions that may apply when using gamechangertutoring.com or any affilated or unaffiliated third-party products or services.

Instructors agree that any material breach of GAMECHANGER’S Terms of Use will result in irreparable harm to GAMECHANGER for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GAMECHANGER is entitled to equitable relief,including both a preliminary and permanent injunction, if such a breach occurs.

These Terms of Use can be altered, changed, removed, re-worked, and re-written without any prior notification to instructors and without any prior acknowledgement on the part of our instructors. Instructors assume the full responsibility to regularly refer to GAMECHANGER’S Terms of Use to ensure that they are up to date regarding GAMECHANGER’S Terms of Use.

Quickly Connect To Tutors

Register for an account with GAMECHANGER and be able to access easy payment options, review past receipts and request tutoring with ease.