Terms and Conditions

Private Tutoring Agreement 

State of Illinois 

This Private Tutoring Agreement, hereinafter referred to as “Agreement,” is entered into and made effective as of the date set forth at the end of this document by and between the following parties: 

1. MRI Buzz, LLC (“Company”) 

1. Party receiving this service (“Client”, “you”) 

Company and Client may be referred to individually as “Party” and collectively as the “Parties.” 

Tutoring services fees shall be as follows: 

$40 (forty US dollars), per hour, within the duration of 

Commencement Date of the Tutoring Services to the Completion Date 

DEFINITIONS 

1. Company, Us, We: As we describe above, MRI Buzz, LLC will be referred to as the Company, us, we, our, and ours. Other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company. 

1. You, the Client: You will be referred to as the “Client.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours. 

1. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.” 

1. Tutoring services: The services provided to Client, under the terms and conditions set forth, by private or group tutor obtained and scheduled on Company site.  

1. Private Tutoring: Tutoring services obtained for one-on-one instructional time between Client and Tutor.  

1. Group Tutoring: Tutoring services obtained for one-to-many instructional time between a sole Tutor and multiple Clients. 

1. Webinar: Presentation followed by time designated for Q&A between Tutor or other specially obtained professional to large group of Clients. 

1. Tutor: A qualified professional in the field whose services are obtained as an independent contractor by Company, to provide instructional hours to Client. 

1. Commencement Date: shall be used to refer to the date the Tutor begins the Tutoring Services. 

1. Completion Date: shall be used to refer to the date that the Tutor will complete or cease the provision of Tutoring Services to the Client. The Completion Date is currently unknown, and for the purposes of this Agreement, will mean the date in the future that the Tutor has completed the rendering of all Tutoring Services to the Client. Such date may be when Client determines that Tutoring Services are no longer required. 

1. Fees: shall be used to refer to the payment Client will pay Tutor for the rendering of the Tutoring Services. 

1. Website: The primary website we’ve noted above will be referred to as Website or Site. 

RECITALS 

WHEREAS, Client wishes Company to retain a qualified instructor to provide certain tutoring services, described more fully below; 

WHEREAS, Company provides access to resources with the skills, qualifications, and expertise required to provide the tutoring services to the client; 

WHEREAS, Company wishes to make available such tutoring services to Client. 

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows. 

REGISTRATION 

To register and become a paying Client of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving MRI Buzz Services under MRI Buzz policies or under the laws and statutes of the United States or other applicable jurisdictions. 

When you register, MRI Buzz may collect information such as your name, e-mail address, mailing address and telephone number. From Clients, we also may collect user-submitted information related to minors in their custody (i.e. minor-aged students; “Students”), such as their grade level, subjects they are looking for tutoring services in, and other information. A Client can edit the account information at any time online. Once you register with MRI Buzz and sign in to our services, you are no longer anonymous to us. 

Furthermore, the Client hereby acknowledges, understands and agrees to furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, MRI Buzz will have sufficient grounds and rights to suspend or terminate the relationship with Client in violation of this aspect of the Agreement, and as such refuse any and all current or future use of MRI Buzz Services, or any portion thereof. 

PRIVACY POLICY 

Every Client’s registration data and various other personal information are strictly protected by the MRI Buzz Online Privacy Policy (see the full Privacy Policy at http://www.mribuzz.com/privacy-policy/. As a Customer, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by MRI Buzz and/or our subsidiaries and affiliates. 

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, view the website, or use certain other site features in the following ways: 

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested. 
• To improve our website in order to better serve you. 

• To allow us to better service you in responding to your customer service requests. 
• To administer a contest, promotion, survey or other site feature. 
• To quickly process your transactions. 
• To ask for ratings and reviews of services or products. 
• To follow up after correspondence (live chat, email or phone inquiries). 

THIRD PARTY DISCLOSURE 

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. 

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. 

THIRD PARTY LINKS 

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. 

PAYMENTS 

Payment must be made online to MRI Buzz, at the time of scheduling, with PayPal or any method of credit card payment accepted by PayPal. 

Tax Statement: Any and all charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or Tutor shall be the sole and exclusive responsibility of each, respectively. 

RELATIONSHIP OF THE PARTIES 

The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Tutoring Services facilitated by the Company to the Client under the terms and conditions herein. 

GENERAL PROVISIONS 

1. A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Illinois and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courtswithin the state of Illinois. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
2. B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
3. C) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
4. D) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
5. E) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
6. F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
7. G) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
8. H) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
9. I) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
10. J) FORCE MAJEURE:MRI Buzz and theTutor are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. 
11. K) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sentviae-mail, to the e-mail address of the relevant Party provided in the registration process. 

Notices sent as above shall be deemed to have been received by the next working day after sending. 

In proving the giving of a notice it shall be sufficient to prove that the notice was dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be. 

Article 1 – SERVICES 

Subject to the terms and conditions of this Agreement, the MRI Buzz hereby agrees to delegate Tutoring Services to Client, beginning on the Commencement Date and ending on the Completion date, and Client agrees to pay MRI Buzz the Fees required for the Tutoring Services. 

• Location: Remote/Online 
• Schedule: The Client will select dates and times of specific tutoring sessions (“Sessions”) via MRI Buzz online portal. 
• Fees: The Client agrees to pay the required Fees, as outlined elsewhere in this Agreement, for the provision of the Tutoring Services. 

Article 2 – CANCELLATION POLICY 

Cancelations by Tutor: Tutor may cancel Sessions with Client if conflicts arise. In such a case, Client shall be under no obligation to reschedule. If Client wishes to reschedule, payment will be applied to the rescheduled Session. Rescheduling shall be done at a time agreeable to both Parties. If such rescheduling is not possible, Client will be refunded the full amount. 

Cancelations by Client: Client shall be permitted to cancel Sessions prior to 24-hours before the scheduled Session. If Client cancels less than 24-hours prior, any payment made for that Session is forfeited. Tutor may agree to refund funds at Tutor’s sole and exclusive discretion, but is under no obligation to do so. 

Article 3 – LATE ARRIVALS 

Client’s late arrival to any Session will not toll the time of the Session. In other words, Client is expected to be on time to each Session or forfeit the amount of late arrival. No adjustment shall be made on Fees for time lost because of late arrival by Client. 

If Tutor arrives late, Tutor shall compensate Client by extending a Session by mutual agreement. 

Article 4 – INTELLECTUAL PROPERTY 

Any intellectual property provided by the Client to the Tutor to assist in the provision of Tutoring Services shall belong to Client. Any intellectual property belonging to the Tutor, provided or shown to the Client in any way shall belong to the Tutor. Any intellectual property provided by the Company to the Tutor or the Client shall belong to the Company. 

Article 5 – OBLIGATIONS 

Tutor agrees to be fully prepared for each Session by reviewing any material prior provided by Client. Tutor shall keep all Client information confidential. 

Client agrees to undertake the work Tutor identifies, as well as to actively participate in each Session. 

Tutor does not offer any promises or guarantees with regard to the Tutoring Services. Client hereby acknowledges and agrees: 

1. A) Client is solely and exclusively responsible for the choices that Client makes with regard to the Tutoring Services or any changes to Client’s academic education, business, or life.
2. B) Client is solely responsible for any actions or inaction Client chooses to take.
3. C) Tutor is not liable for any result or non-result or any consequences which may come about due to Client’s participation in the Tutoring Services.

Article 6 – LIMITATION OF LIABILITY 

Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Company. 

To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business. We do not give out any medical advice.

Article 7 – INDEMNITY 

Client hereby agrees to indemnify the Company against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Tutoring Services rendered within this Agreement or any transaction or matter connected with the Tutoring Services or the relationship between Client and Tutor. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss. 

Article 8 – TERMINATION 

This Agreement may be terminated by either party, upon notice in writing: 

1. I) if the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not, such as non-payment or non-performance;
2. II) if the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;

If this Agreement is terminated before the expiration of its natural term, Client hereby agrees to pay for all Tutoring Services rendered up to the date of termination. 

Any termination under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart. 

EXECUTION – ELECTRONIC SIGNATURE 

You acknowledge that by clicking on the “I Accept”, the “Submit”, the “Request Tutoring Info”, or a similar button on the Website, you acknowledge you have read in full and accept the above agreement and requirements, and you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.