Website Terms and Conditions

Half Price Tutors, Inc. Terms of Service

The following are the terms and conditions for use of the Half Price Tutors, Inc. ("HPT") website service including without limitation independent associate web pages and e-mail accounts, the corporate website and other services which may be offered from time to time by HPT for use with your account login name (each feature individually and collectively referred to as the "Service"). Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is provided to independent associates for activities related to operating your business including hosting Associate websites, obtaining Associate reports, retrieving documents from HPT's document demand system, communicating with your downline, receiving and distributing leads, accessing genealogy reports and signing new members and associates (if applicable).

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1. ASSOCIATE ACCOUNT, PASSWORD, AND SECURITY

To create an account, you must complete the registration process by going to the Associate Services link. There, you will choose a login ID and password to create your account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify HPT immediately of any unauthorized use of your account or any other breach of security. HPT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by HPT or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. NOTE: Logon name selection. Your selection should be first and last name or a combination of first and last name. This could also be your registered company name. This is a professional image policy.

2. ASSOCIATE PRIVACY

It is HPT's policy to respect the privacy of its associates. HPT will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents to any third party, without your prior permission unless HPT has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of HPT; (3) enforce the TOS; or (4) act to protect the interests of its associates or others. You agree that HPT may access your account, including its contents, to respond to service or technical issues.

3. MESSAGE STORAGE AND OUTBOUND MESSAGES

The amount of e-mail storage space per associate is limited to 20MB and some e-mail messages may not be processed due to space constraints or outbound message limitations (currently set at 4MB). You agree that HPT is not responsible or liable for the deletion or failure to store messages or other information. Please note: All email contained in your inbox will be automatically purged by the service after 60 days from the date of receipt. Email contained in your "Junk" folder will be purged by the service after 30 days from the date of receipt. Email contained in other folders you create are subject to this disclaimer, but will not be purged by the service intentionally.

4. ASSOCIATE CONDUCT

As a condition of your use of the Service, you warrant to HPT that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state/provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:


* Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Advertise or offer to sell or buy any goods or services unrelated to HPT for any non-personal purpose.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service associate any directory of the Service associates or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
* Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
* Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
* Violate any applicable laws or regulations.
* Interfere with another associate's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

5. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HPT and/or its respective suppliers may make improvements and/or changes in the Service at any time.

HPT does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. HPT does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely or otherwise reliable.

You specifically agree that HPT shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that HPT is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

You specifically agree that HPT is not responsible for any content sent using and/or included in the Service by any third party.

HPT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HPT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL HPT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED websiteS, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED websiteS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HPT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITES.

6. INDEMNIFICATION

You agree to indemnify and hold HPT, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct of business on the Service.

7. TERMINATION

HPT may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

HPT shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

8. NO SPAM; DAMAGES

HPT may immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay HPT liquidated damages of $5.00 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay HPT’s actual damages, to the extent such actual damages can be reasonably calculated.

9. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service or HPT or other content providers, is protected by copyrights, trademarks, service marks, parents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated websites, including code and software.

10. MODIFICATION TO TERMS OF SERVICE, SALES DELEGATES POLICIES

HPT reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this website. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. These TOS do not supercede the terms of any Associate Agreement or the Policies and Procedures relating to associates generally.