Knack Technologies provides its Services through websites, web based applications, and other means to connect a User seeking tutoring services with Tutors who wish to provide tutoring services from third party providers.
Knack Technologies is committed to protecting your privacy. You may choose to share personal information with us, and that information may be shared with our Members, Tutors, and Affiliates as described below so that you can use our Services.
School Partners. Select schools choose to partner with Knack Technologies to offer tutoring to their students or subsidize the cost of tutoring. To take advantage of these opportunities, you may be required to authenticate your relationship with the school by logging in to use our Services through your school's single sign on. School Partners may collect data about how you use the Services to understand their students’ performance in various classes.
Tutor Profiles. If you are a Tutor, you may choose to provide information for your Tutor Profile. Tutor Profiles are public and available to anyone affiliated with Knack Technologies, including but not limited to other Users, students you may tutor, partner schools, employer affiliates, and any third parties with whom the information is shared by one of these Users. From time to time, Knack Technologies may compile a list of Tutors from public Tutor Profiles and provide this information to our affiliates, who may use the information for a variety of purposes, including advertising for job opportunities.
Rating and Feedback. Knack Technologies relies on rating and feedback from users regarding Tutors and the tutoring services provided, and as such, requires rating and feedback from Users after a completed tutoring session. Knack Technologies reserves the right to replicate a User's written comments about the service in promotional materials and/or in business development materials, along with the User's first name and institution. The User's email address and any other personal information will not be used at any time without the User's consent.
Links. Knack Technologies' Services may contain links to third party websites or third party materials made available online. We are not responsible for the content or privacy practices of any third party website or material. We encourage you to be aware that when you leave our page, you are responsible for reading the policies of any third-party site you may visit. Knack Technologies' privacy statement applies solely to information collected by us.
Security. Knack Technologies agrees to take reasonable precautions to protect your information. Notwithstanding the foregoing, we cannot guarantee the security of information sent via your personal Internet connection, and you will provide any information over your connection at your own risk
Term and Termination. This Agreement will remain in full force and effect as long as you access the Services or maintain an account with Knack Technologies. You may terminate your account at any time, for any reason. Knack Technologies reserves the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, at our sole and absolute discretion. Upon such termination or suspension, you will not be entitled to any refund for any amounts billed for Services. Knack Technologies is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
Non-commercial Use by Users. Our Services are for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Knack Technologies; or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without the user's prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose unless otherwise agreed in writing by Knack Technologies. Knack Technologies may investigate and take any available legal action in response to illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
Disclaimer. USERS AND TUTORS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS AND TUTORS. KNACK TECHNOLOGIES DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR TUTORS. KNACK TECHNOLOGIES DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR TUTORS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR TUTORS. KNACK TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR TUTORS OR A TUTOR'S TUTORING ABILITY WITH ANY CURRENT OR FUTURE USERS. KNACK TECHNOLOGIES RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Content. You are solely responsible for the content and information that you Post (share, upload, publish, link to, transmit, record, display, email, or otherwise make available on the Services) or transmit to other users, including any type of Content (text messages, chat, videos including streaming videos, photographs, or profile text, whether publicly posted or privately transmitted). You may not post as part of the Services, or transmit to Knack Technologies or any other user, either on or off the Service, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Services and grant the licenses set forth below. You understand and agree that Knack Technologies may, but is not obligated to, monitor or review any Content you Post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.
Your Duties. You shall take all necessary precautions in all interactions with other users, particularly if you decides to i) communicate with any User or Tutor outside the use of the Services; ii) meet any Tutor or User in person, or iii) send money to another User or Tutor. You agrees that you will not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair Knack Technologies. In addition, you agree not to use the Services to:
Post any content that Knack Technologies deems to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
Provide ratings or feedback that are fake, false, or misleading, or otherwise inaccurately represent the Services you received or provided and your personal experience;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate, stalk or harass another;
Harm any person or entity in any way;
Use or attempt to use another's account, service or system without authorization from Knack Technologies;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
Post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
In any way violate the honor code or code of conduct of any institution to which you belong;
Aid or encourage a Tutor or User to violate the honor code or code of conduct of the institution to which a User or Tutor belongs;
Discontinue your use of the Services but continue to receive similar services from your Tutor, or otherwise attempt to circumvent Knack Technologies' provision of its Services or its operation in any way; or
Use the Services as a marketplace for services other than tutoring (such as essay writing, completion of a User or Tutor's assignments, etc.).
No Warranty. Knack Technologies makes no warranties or guarantees, either express or implied, regarding your ultimate experience with the Services, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose; as to the usefulness, quality, suitability, truth, accuracy, or completeness of the application or the Services provided by a Tutor scheduled through our Services; that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from your use of the Services will be accurate or reliable; about the quality of any Services, Content, or information obtained through Knack Technologies' Services; that the Services will meet your expectations or requirements; or that any errors in Knack Technologies' Services will be corrected.
Assumption of Risk. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from Knack Technologies' Services, including any damages resulting from computer viruses.
Copyright Protection and Data Retention. By posting Content as part of the Services, you automatically grant to Knack Technologies, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Knack Technologies will not infringe or violate the rights of any third party.
Use of Tutoring Services. Your use of the Services is at your sole risk unless otherwise explicitly stated. Our Services are provided on an "as is," "as available," and "with all faults" basis. By using our Services, you acknowledge and agree that Tutors are not employed by Knack Technologies, a specific student government association, university or other educational institution. Tutors listed in our Services and Users registering through the Services have NOT been screened by Knack Technologies. You assume all responsibility for conducting reference or background checks for any Tutor or User. Knack Technologies recommends that tutoring sessions take place in visible public locations. Tutoring sessions can take place in both structured and unstructured settings. You assume all responsibility for personal safety and security. Tutors listed in Knack Technologies' database shall be contacted only for tutoring purposes. Soliciting or contacting Tutors for other purposes is strictly prohibited. Tutoring is not meant to replace formal instruction.
Terms of Tutoring Transactions. By using our Services and booking a tutoring session, you agree to pay all costs associated with tutoring sessions scheduled through us. These costs include but are not limited to: the hourly rate as listed; travel or transportation related to your tutoring session; and any cancellation fees noted in a Tutor's profile. Any promotional credit or referral code must be applied to your account prior to a tutoring session in order for it to apply. It is your responsibility to verify the promotional balance and estimated cost before a tutoring session. Knack Technologies reserves the right to revoke promotional credit, or the privilege of using a promotional credit, at any time. All promotional credits must be used for tutoring sessions unless otherwise specifically expressed in the promotion. Any misrepresentation or fraud, including related to use of promotional credit, will be prosecuted to the fullest extent of the law.
Tutors. If you submit information to become a Tutor, anyone with access to the Services may view your information on your Tutor Profile, which should be considered public. Knack Technologies does not guarantee that a certain number of Users or a specific individual will view a Tutor Profile, nor does Knack Technologies guarantee that a Tutor will be contacted for Tutoring. If you register as a Tutor, you are certifying that the information you provide is true and accurate and that you have the proper qualifications and expertise in the subjects you select at the time of registration. You are solely responsible for the form and Content of all information provided and all information included in your Tutor Profile. You further agree:
Tutor Information. Tutor shall use all reasonable efforts to protect any User's interest in the information and keep it confidential, using a standard of care no less than the degree of care that Tutor would be reasonably expected to employ for his/her own similar confidential information. In particular, Tutor shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the User's prior written consent. Tutor shall disclose the information only to those persons who have a need to know the information for the purpose and who have been approved by the User to receive the information. Tutor shall, prior to disclosing the information, issue appropriate instructions to them to satisfy its obligations herein and obtain their written agreement to receive and use the information on a confidential basis on the same conditions as contained in the agreement.
Applicable laws. Tutor understands and agrees that he/she is subject to all federal and state laws relating to the confidentiality of User information. Tutor further agrees to comply with the Family Educational Rights and Privacy Act ("FERPA"), 34 C.F.R. §99 et. seq. Tutor shall regard all User information as confidential and will not disclose the User information to any third party unless required by law.
Conduct. In conducting tutoring sessions, Tutors:
Will conduct tutoring sessions in a safe and respectful manner;
Will have the right to refrain from sharing his/her personal information with the User (except for information already disclosed on the Tutor Profile);
May refuse to meet with Users who make them feel uncomfortable or are disrespectful;
Will make good faith efforts to act in the best interest of the User;
Will not speak with outside parties regarding a User's performance;
Will uphold any code of conduct and academic integrity policies of any institution which User or Tutor is a member;
Will not continue to provide substantially similar Services to any User a Tutor met through Knack Technologies outside of our platform, or otherwise attempt to circumvent Knack Technologies' provision of its Services or its operation in any way;
Will work to resolve conflicts that may arise between Tutors and Users and other invested parties, including advisors or instructors;
Will exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices;
Will establish clear expectations about the tutoring session;
Will fulfill all commitments to tutoring sessions including being on-time and prepared with appropriate materials to facilitate the tutoring session; and
Will not guarantee grades or academic outcomes from tutoring sessions.
Customer Service. Knack Technologies provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If Knack Technologies feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserves the right to immediately terminate your account.
Indemnity. You agree to indemnify and hold Knack Technologies and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the Services (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.
Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against Knack Technologies any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to arbitration, GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Knack Technologies (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration clause, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against Knack Technologies may be commenced only in the federal or state courts located in Alachua County, Florida. User hereby irrevocably consents to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and Knack Technologies, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Limitation of Liability. To the fullest extent permitted by law, Knack Technologies, its affiliates, and its partners are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if we have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use our Services; the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Services; statements or conduct of any other party related to our Services, including, without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, false or fraudulent transactions, or conduct of any other User; or Content or information you may download, use, modify, or distribute. Wherever the law prohibits Knack Technologies' absolute exemption from liability, Knack Technologies' total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to Knack Technologies, less any compensation paid to Tutors, by you in connection with your access to the Services.
Notice. You consent to have this Agreement and all notices provided to you in electronic form. Knack Technologies may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violates this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You are advised to print a copy of this Agreement for User's records. To receive a non-electronic copy of this Agreement, please contact Knack Technologies at firstname.lastname@example.org.
Entire Agreement; Other. This Agreement contains the entire agreement between you and Knack Technologies regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. The failure of Knack Technologies to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Content related to your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Knack Technologies in any manner.
Last Updated. August 28, 2018