ExcelsiorBTG.com Website Terms and Conditions of Use
COPYRIGHT AND USE LICENSE
This website and its contents are the exclusive property of Excelsior Online Tutoring, LLC, and are protected by copyright and other laws.
These terms and conditions of use apply to all users of this website and may be amended from time to time without prior notice. You may not modify, copy, duplicate, print, archive, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products, or services from this website without the prior written consent of Excelsior Online Tutoring. Subject to the foregoing, you may view and print the content of this website for use, which is strictly private, personal, and non-commercial. By accessing this website, you acknowledge and agree to accept, be bound by, and comply with these terms and conditions of use without modification.
As a condition of your use of this website, you represent and warrant to Excelsior Online Tutoring that you will not use this website for any purpose that is unlawful, immoral, or prohibited by these terms and conditions of use or for any purpose which is prohibited by the User Terms of Service available at ExcelsiorBTG.com/terms-of-use or which might otherwise prejudice Excelsior Online Tutoring and its affiliates. If you do not agree and accept without modification these terms and conditions of use, do not use this website. Other than this agreement and any agreement between you and Excelsior Online Tutoring relating to the services it provides, Excelsior Online Tutoring will not enter into any agreement with you or otherwise be obligated to you through your use of this website and no attempt to create such an agreement or obligation will be effective.
Any trademarks, trade names, service marks and logos (collectively, the “Trademarks”) used and displayed on this website are the registered or unregistered trademarks of, and the exclusive property of Excelsior Online Tutoring, and/or its affiliates or others and are protected under applicable law. Nothing on this website or in these terms and conditions of use should be construed or interpreted as granting or creating, by implication or otherwise, any license to use or duplicate any Trademark without the prior written consent of Excelsior Online Tutoring, or the applicable owner.
The name Excelsior Online Tutoring and logo or other formatives or derivatives thereof may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this website without the prior written consent of Excelsior Online Tutoring. The use of the Excelsior logo as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by Excelsior Online Tutoring in writing. Other products or entity names mentioned in this website may be the Trademarks of their respective owners.
COOKIES AND ELECTRONIC DATA
LINKS TO THIRD PARTY WEBSITES
This website may contain links or references to websites, products or services owned, operated or offered by third parties other than Excelsior Online Tutoring or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only. Excelsior Online Tutoring does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on this website does not imply any endorsement or approval by Excelsior Online Tutoring of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of Excelsior Online Tutoring with the owner or operator of Third Party Site; or (ii) any authorization of Excelsior Online Tutoring to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.
HE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. EXCELSIOR ONLINE TUTORING AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. EXCELSIOR ONLINE TUTORING DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. EXCELSIOR ONLINE TUTORING DOES NOT WARRANT THAT PROVISION OF TUTOR SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR OTHERWISE PROVIDE ANY ECONOMIC BENEFIT.
YOU ACKNOWLEDGE AND AGREE THAT: (A) EXCELSIOR ONLINE TUTORING DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) EXCELSIOR ONLINE TUTORING WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXCELSIOR ONLINE TUTORING OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. EXCELSIOR ONLINE TUTORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR QUALIFICATIONS OF TUTORS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
GOVERNING LAW; LEGAL NOTICES
These terms and conditions of use and any action related thereto will be governed by the laws of the state of California and the laws of the USA applicable therein, without regard to conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the courts located in the city of Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Any use of this website in contravention of these terms and conditions of use or applicable laws is at your own risk and if any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms and conditions of use without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision. Any dispute, claim or controversy between you and Excelsior Online Tutoring, or otherwise arising out of or relating to these terms and conditions of use will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Excelsior Online Tutoring are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Excelsior Online Tutoring otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Any such arbitration contemplated by this section will be administered in accordance with the National Arbitration Rules of the USA then in effect, except as modified by this “Dispute Resolution” section. The place of such arbitration shall be Los Angeles, California, USA and the language of the arbitration will be English.