Latest Revise: 09/09/2020
*Pothos Media LLC will appear on your Cardholder statement. All credit card payments are processed in the United States.
This website is operated by Tutor Him. Throughout the site, the terms “we”, “us” and “our” refer to Tutor Him.
Tutor Him offers this website, including all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes. Our store is powered by Adult Site Runner. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence,
or that you are the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will
result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is
provided, without express written permission by us. The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately
as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of
any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this
site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time
the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email address and credit card numbers and expiration dates,
so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations
or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm
or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example model application photos, comments) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'submissions'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain
any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions. We may, but have
no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the
Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights
or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;
or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time,
without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and
all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available'
for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties
or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tutor Him,
our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted,
or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tutor Him and our parent, subsidiaries, affiliates, partners, officers, directors, agents
contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement
for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service,
we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including
the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or
provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any
prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the laws of the state of Florida.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes
to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].