This User Agreement is a contract between you (“you” or “User”) and Russian School Online (“RSO,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.russianschoolonline.org or any part of the rest of the Site or the Site Services.
Russian School Online reserves the right, in its sole discretion, to amend this Agreement at any time by posting a revised version on the Site. Russian School Online will provide reasonable advance notice of any amendment by posting the updated User Agreement on the Site, providing notice on the Site, and/or sending you notice by email. Any revisions to the User Agreement will take effect on the noted effective date.
You understand that by using the site or site services, you agree to be bound by the User Agreement. If you do not accept the User Agreement in its entirety, you must not access or use the site or the site services.
1. Russian School Online Account
1.1 Registration and acceptance
By creating an account to use the Site or Site Services, you agree to abide by this User Agreement.
To access and use certain portions of the Site and the Site Services, you must register for an Account. Certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Russian School Online reserves the right to decline a registration to join Russian School Online or to add an Account, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
1.2 Account eligibility
To register for an Account to join the Site you must, and hereby represent that you are an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
1.3 Account profile
Once you register for a general Account type, to use the Site, you must complete a Student profile. You agree to provide true, accurate, and complete information on your Profile and other forms you access on the Site or provide to us and to maintain its truthfulness and accuracy. You agree not to provide any false or misleading information about your identity or location, your skills, and to correct any such information that is or becomes false or misleading.
You agree not to have or register for more than one Account. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked profiles without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
By completing a Student profile for a minor child, you represent that you are the minor’s spokesperson and you are fully responsible for his/her upbringing.
1.4 Account permissions
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit. By granting other Users permissions under your Account you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments.
1.5 Usernames and passwords
When you register for an Account, your username will be your email address and you may set up your desired password for the Account. This information will be sent to the email you provided. You will need to confirm the ownership of that email. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Russian School Online to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if you are not authorized to use both or the use would violate the User Agreement.
2. Purpose of Russian School Online
The Site is a marketplace where Customer and Tutor can identify each other and advertise, buy, and sell Tutoring Services online. Russian School Online provides the Site Services to Users, including hosting and maintaining the Site, facilitating the registration for a class, and assisting Users in resolving disputes which may arise in connection with those registrations. When a Customer registers for a class, the Customer uses the Site to pay any amounts owed under the registration.
“Customer” means any authorized User utilizing the Site or Site Services to seek and/or obtain tutoring Services.
“Tutor” means any authorized User utilizing the Site or Site Services to advertise or provide tutoring Services to Clients, including a tutor profile. A tutor is a user of Russian School Online with respect to use of the Site and Site Services.
“Tutor Services” means all services performed for or delivered to customers by tutor.
2.1 Relationship with Russian School Online
Russian School Online simply makes the Site and Site Services available so that Tutors and Customers can find and conclude transactions directly with each other. Russian School Online does not introduce Tutors to Customers, does not find students for Tutors and does not find Tutors for students. Customers are always responsible for evaluating and determining the suitability of any class or Tutor themselves. If User decides to register for a class, any relations are directly between Users, and Russian Online School is not a party to those relations.
You acknowledge, agree, and understand that Russian School Online is not a party to the relationship or any dealings between customer and tutor. Without limitation, Users are solely responsible for:
- ensuring the accuracy and legality of any User Content;
- determining the suitability of a Tutor for providing tutoring service; or
- paying for Tutoring Services.
You acknowledge, agree, and understand that you are solely responsible for assessing whether to register for a class with a Tutor and for verifying any information about a Tutor. Russian School Online does not make any representations about or guarantee the truth or accuracy of any tutor’s listings or other content on the Site; does not verify any feedback or information provided by Customers about tutors. You acknowledge, agree, and understand that Russian School Online does not, in any way, supervise, direct, control, or evaluate tutors’ work and is not responsible for any class listings. Russian School Online makes no representations about and does not guarantee, and you agree not to hold Russian School Online responsible for, the quality, safety, or legality of tutoring Services; the ability of tutors to deliver tutoring Services; or User Content and statements or posts made by Users.
You also acknowledge, agree, and understand that tutors are solely responsible for determining, and have the sole right to determine the way they provide services; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that:
- Russian School Online will not have any liability or obligations for any acts or omissions by Tutor;
- Russian School Online does not, in any way, supervise, direct, or control any tutor or tutoring Services; does not impose quality standards of any tutoring Services; and does not dictate the performance, methods or process tutor uses to perform tutoring services;
- tutor is free to determine when and if to perform Tutoring Services, including the days worked and time periods of work, and Russian School Online does not set or have any control over tutor’s pricing, work hours, work schedules, or work location;
- Russian School Online does not provide shipping services for any physical educational materials.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Russian School Online, including such content or information that is posted as a result of questions.
2.2 Feedback and user content
You hereby acknowledge and agree that Users publish and request Russian School Online to publish on their behalf information on the Site about the User, such as feedback or geographical location. However, such information is based solely on unverified data that Tutors or Customers voluntarily submit to Russian School Online and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Russian School Online; Russian School Online provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the Site, all Users, and the efficiency of the Site. You further acknowledge and agree that Russian School Online will make Information available to other Users, including feedback. Russian School Online provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Russian School Online does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted feedback relates only to the services provided by the tutor and not to any individual person. You agree not to use the Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Russian School Online does not generally investigate any feedback posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Russian School Online is not legally responsible for any feedback or comments posted or made available on the Site by any Users, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Russian School Online reserves the right (but is under no obligation) to remove posted feedback or information that, in Russian School Online’s sole judgment, negatively affects our Site or is inconsistent with the business interests of Russian School Online.
3. Contractual relationship between customer and tutor
3.1 Tutoring service
If a customer sends a request to register for a class and the tutor accepts this request, such action is a contractual relationship directly between the Customer and Tutor. The Client and the Tutor are fully entitled to choose whether or not to conclude the tutoring service with each other. You acknowledge, agree, and understand that Russian School Online is not a party to any relations between a Customer and a Tutor, that the formation of a relations between Users will not, under any circumstance, create an employment or other service relationship between Russian School Online and any User or a partnership or joint venture between Russian School Online and any User.
3.2 Confidential information
To the extent that a User provides Confidential Information to another, the recipient will protect the confidentiality of the Confidential Information of the disclosing entity with the same degree of care as it uses to protect its own Confidential Information, but in no event less than with due care. Upon User’s written request, the party receiving the Confidential Information will promptly destroy the Confidential Information of the disclosing party and any copies thereof contained in or on its premises, systems or any other equipment under its control.
4. Payment terms
4.1 Titles to funds
Russian School Online is not a bank. Russian School Online deposits and maintains all funds at a bank insured by the Federal Deposit Insurance Corporation and approved to receive, hold, and deliver funds under applicable laws and regulations.
4.2 Customers payments on class registrations
By sending a registration request for a class, a customer becomes obligated to pay applicable amounts based on the chosen subscription plan immediately upon approval of this request by a tutor. The subscribtion will renew automaticaly. When a customer authorizes the payment of the tutoring service, the customer automatically and irrevocably authorizes and instructs Russian School Online to charge the customer’s Payment Method for the tutoring service. All payments are final and non-refundable.
4.3 No returns of funds and no chargebacks
Customer acknowledges and agrees that Russian School Online will charge the customer’s designated Payment Method for the tutoring service when registration request is approved, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, the customer therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any tutor Fees for any reason. A chargeback in breach of the foregoing obligation is a material breach of the User Agreement. If a customer initiates a chargeback in violation of this Agreement, the customer agrees that Russian School Online may dispute or appeal the chargeback and institute collection action against the customer and take such other action it deems appropriate.
4.4 Payment methods
In order to use certain Site Services, a customer must provide account information for at least one valid Payment Method.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, customer represents and warrants that:
- customer is legally authorized to provide such information;
- customer is legally authorized to make payments using the Payment Method(s);
- such actions do not violate the terms and conditions applicable to customer’s use of such Payment Method(s) or applicable law.
When a customer authorizes a payment using a Payment Method via the Site, the customer represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Russian School Online is not liable to any User if Russian School Online does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Russian School Online will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
“Payment Method” means a valid credit card issued by a bank acceptable to Russian School Online, a bank account linked to your Account, a debit card as Russian School Online may accept from time to time in our sole discretion.
By sending a request to any class, you purchase a Paid Subscription on a recurring interval you choose to your purchase: Drop in option, monthly Subscription Payment Plan, more than one month Subscription Payment Plan.
Tutors may change the price for the tutoring service from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
5.1 Renewal; Cancellation
Unless you selected Drop in option, your payment to Russian School Online will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription Payment Plan before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
The customer is fully responsible for unsubscribing from the class if he decides to cancel the subscription.
5.2 Subscription Payment Plan explanation
Drop in option
This option gives access to one classes according to the schedule starting on the first scheduled day. Registration will be canceled automaticaly after the lesson.
Monthly subscription plan
This option gives access to classes for the next month according to the schedule starting on the first scheduled day. For example, a request is sent and approved on the 5th. The next scheduled class is on the 10th. The system looks for the next scheduled day, which is in this case 10th, calculates the number of classes taught from 10th of the current month to 9th of the following class, and calculates price for classes in that period. If class ends in less than one month period, the monthly subscription plan is not available. The subscription will be renewed automatically a day before next class and you will be charged for the next period.
More than one month subscription plan
This option gives access to classes for the announced number of months according to the schedule starting on the first scheduled day. The number of months available for pre-pay is set by a tutor. This subscription plan may have a discount set by a tutor. If class ends in less than an announced number of months, the subscription plan is not available. The subscription will be renewed automatically a day before next class and you will be charged for the next period.
5.3 Lesson cancellation policy
In case a student should skip a lesson, 24 hours notice is required. The next payment will be postponed depending on the number of missed lessons.
Not applicable to missed lessons retroactively.
Customers agree to use the communication services available on the Site to communicate with Tutors prior registering for a class. You agree that prior registering for a class, you
- will use Russian School Online as the sole manner to communicate with Tutors;
- will not provide your Means of Direct Contact to any Tutors that you identified or were identified by through the Site;
- will not use Means of Direct Contact of aTutor to attempt to or to communicate with, solicit, contact, or find the contact information of a Tutors outside of Russian School Online;
- will not ask for, provide, or attempt to identify through public means the contact information of a Tutors; and
- you will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, class posting, except as otherwise provided on the Site.
For purposes of the User Agreement “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook. You acknowledge and agree that your Account may be permanently suspended if you violate this Section.
7. Warranty disclaimer
You agree not to rely on the Site, Site services, any information on the site or the continuation of the site. The Site and the Services are provided on an “as is” and “as available” basis. The Russian Online School makes no representations or warranties about the site, the site services, the user content, or any actions or items related to this User Agreement. Some jurisdictions may not follow all of the above warranty limitations, so to this extent some or all of the above limitations may not apply to you.
8. Limitation of liability
Russian School Online is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the User Agreement, including, but not limited to:
- your use of or your inability to use our Site or Site Services;
- delays or disruptions in our Site or Site Services;
- viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
- damage to your hardware device from the use of the Site or Site Services;
- the content, actions, or inactions of third parties’ use of the Site or Site Services;
- a suspension or other action taken with respect to your Account;
- reliance on the quality, accuracy, or reliability of class postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information found on, used on, or made available through the Site.
You hereby release Russian School Online and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Tutor, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the tutoring Services provided to customers by a Tutor and requests for refunds based upon disputes.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
This release will not apply to a claim that Russian School Online failed to meet our obligations under the User Agreement.
10. Agreement term and termination
Either of Russian School Online or a user may terminate this Agreement in their sole discretion, at any time, without explanation, upon written notice to the other. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. Even though Russian School Online is not a party to any relations between Users, User understands and acknowledges that termination of this Agreement consequently terminates or otherwise impacts any relations between Users. If you attempt to terminate this Agreement while having one or more open class registration, you hereby instruct Russian School Online to cancel any open registration.
Without limiting other rights or remedies of Russian Online School, we may, but are not obligated to, temporarily or indefinitely cancel or limit access to the Site or the Site Services, deny you registration or permanently cancel your access to the Site and deny you any or all of the Site Services, if any:
- you violate the letter or spirit of any term of this Agreement or any other provision of the Terms of Service;
- we suspect or know that you have provided false or misleading information to us; or
- we believe, in our sole discretion, that your actions may give rise to legal liability to you, our Users or the Russian Online School; may be contrary to the interests of the Site or the Users’ community; or may involve illegal or unlawful activities. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or another Account, or re-register under a new Account without the prior written consent of Russian Online School.
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users. You therefore agree as follows: if Russian School Online decides to temporarily or permanently close your account, Russian School Online has the right where allowed by lay but not the obligation to:
- notify a Tutor that you have communicated with and inform them of your closed account status,
- provide those Tutors with a summary of the reasons for your account closure.
You agree that Russian School Online will have no liability arising from or relating to any notice that it may provide to any user regarding closed account status or the reason(s) for the closure.
10.2 Account data on closure
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Russian School Online will have no liability whatsoever. Russian School Online, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
After this Agreement terminates, the terms of this Agreement contemplate performance and will survive and continue in full force and effect. For example, the provisions permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the User Agreement, the termination of this Agreement for any reason will not release you or Russian School Online from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
11. Disputes between you and Russian School Online
If a dispute arises between you and Russian School Online, our goal is to resolve the dispute quickly and cost-effectively.
You and Russian School Online agree to first notify each other of the Claim. You agree to notify Russian School Online of the Claim via Contact Us form or by email to email@example.com, and Russian School Online agrees to provide you a notice at your email address on file. You and Russian School Online then will seek informal voluntary resolution of the Claim. Any Notice must include current account information, a brief description of the Claim, and contact information, so that you or Russian School Online, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Russian School Online will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
User may not assign the User Agreement, or any of its rights or obligations hereunder, without Russian School Online’s prior written consent in the form of a written instrument signed by a duly authorized representative of Russian School Online. Russian School Online may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
12.2 Severability and interpretation
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
12.3 Force majeure
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
12.4 Language and location
The English language version of the User Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.
12.5 Access of the site outside the US
Russian School Online makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control.
In order to access or use the Site or Site Services, you must and hereby represent that you are not:
- a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;
- a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or
- an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.
You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.
12.6 Consent to use electronic records