Thank you for visiting assignmentme.com, an AssignmentMe, LLC site (the “Web Site”). Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Web Site.
Information Collection
If you buy or sell services using our Web Site, we collect and store information that specifically identifies you or your account (“Personally Identifiable Information”). The Personally Identifiable information that may be collected includes: contact data (such as, name, and email address), and work-related data (such as, technical experience, skill sets, certifications, or job history). We may, in the future, include other optional requests for information from you, to help us to tailor the Web Site by delivering more personalized information to you. We may supplement our information with additional information purchased from third parties for marketing purposes.
In order to access some services, you will be asked to sign in with an e-mail address and password (your “Account”). As part of creating your Account, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate email address. Some services may require added security, and in these cases, you may be asked to create an additional security key. Finally, a unique ID number will be assigned to your Account.
We may collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our services. We may also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring web site addresses.
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for services and programs offered by us, to respond to your inquiries about our offerings, and to offer you other services, programs and products that we believe may be of interest to you.
If you register as a Tutor, our third-party customers and their representatives do have access to your personal information and you may also receive job emails. We sometimes use this information to communicate with you, such as when we make changes to our database, to fulfill a request by you, or to contact you about your account with us.
We sometimes use the non-Personally Identifiable Information that we collect to improve the design and content of our Web Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Web Site usage, as well as to offer you services, programs or products.
We may disclose Personally Identifiable Information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. In addition, we may transfer information about you if we are acquired by or merged with another company.
Confidentiality and Security of Personal Information
Agents, affiliates and customers of AssignmentMe, LLC who have access to your Personally Identifiable Information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to recruit Tutors and engage their services.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that Personally Identifiable Information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. We may share your Personally Identifiable Information if disclosure is necessary to (i) comply with a court order or other legal process, (ii) protect our rights and property or that of our licensors, or (iii) enforce our other contractual rights.
Our advertisers may disclose Personally Identifiable Information to companies whose practices are not covered by this privacy notice (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you, if you provide such information to them. We do not send any of your Personally Identifiable Information to our advertisers. You may see a cookie from a third-party banner server, and this cookie comes from the third-party banner server, not AssignmentMe, LLC.
HIPAA Compliance
AssignmentMe meets and exceeds Health Insurance Portability and Accountability Act (HIPAA), as well as other national security requirements. Our secure website operates on a 256 bit encrypted Secure Socket Layer (SSL) and unique login and passwords are required for system access. This assures that your data is only accessed by authorized personnel. The system and uploaded data and attachments are stored and continually backed-up on 100% HIPAA secure servers with many redundancies. Please contact our staff for any specific questions about AssignmentMe’s HIPAA compliance policies and procedures.
Cookies
As is standard practice on many corporate websites, the Web Site uses “cookies” and other technologies to help us understand which parts of our Web Site are the most popular, where our visitors are going, and how much time they spend there. Cookies, by themselves, do not tell us your e-mail address or other Personally Identifiable Information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the Web Site with Personally Identifiable Information, this information may be linked to the data stored in the cookie. We use cookies and other technologies to study traffic patterns on our Web Site, to make it even more rewarding as well as to study the effectiveness of our customer communications. We also may use cookies to offer you services, programs or products.
As is true of most web sites, we may gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service Tutor (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We may use this information, which does not identify individual users, to analyze trends, to administer the Web Site, to track users movements around the Web Site and to gather demographic information about our user base as a whole.
When visiting our Web Site, we may track the referring URL (the web page you left before coming to the Web Site) and the pages, links, and graphics of fieldnation.com you visited. This allows us to compile aggregate statistics about usage of our Web Site and allows us to gauge the popularity and effectiveness of specific web pages and any promotional programs we may be running. This information may be gathered globally and is not personally identifiable.
Terms Specifically Applicable to Service Tutors
As part of registration as a Tutor, you must set up your Account by describing your experience, rates and qualifications, work profile, and schedule. Some of the information requested in the on-line registration is mandatory. If you decide to offer your services through our Web Site, potential third-party customers will look to your Account to help them decide whether to make use of your services. Our customers will not be able to select you as a service Tutor, however, until you have agreed to our online contractor terms.
How to Contact Us
If you have any questions or concerns about this online Privacy Statement or its implementation you may contact us by emailing contact@assignmentme.com
Other Limits to Your Privacy — Third Party Sites
The Web Site may eventually contain links to other third party web sites. Neither AssignmentMe, LLC nor its licensors are responsible for the content of these third party sites or their privacy policies. Please understand that any information that is disclosed on these sites becomes public information. You should exercise caution when deciding to disclose your Personally Identifiable Information.
Changes to this Privacy Statement
AssignmentMe, LLC reserves the right to modify this Privacy Statement at any time. We will occasionally update this Privacy Statement to reflect changes in our services and customer feedback. When we post changes to this Privacy Statement, we will revise the “last updated” date at the bottom of this statement. It is your responsibility to check periodically for changes.
YOU SHOULD REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A USER OR BY USING THE ASSIGNMENTME PLATFORM. YOU WILL BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER TO USE OR USE THE PLATFORM.
These Student Terms and Conditions (the “Student Terms”) state the terms and conditions between AssignmentMe, LLC (“AssignmentMe,” “we,” “us,” or “our”) and users of the AssignmentMe website and software platform (the “Platform”) who register as Students (“Student,” “you,” or “your”) to purchase services from registered Tutors (“Tutors”). Student and all other Users are also subject to the terms of the AssignmentMe User Agreement (“User Agreement”), which is incorporated herein by reference. Capitalized terms used in these Student Terms which are not defined have the meaning stated in the User Agreement.
We reserve the right to change the Student Terms at any time in our sole business discretion. Please check these Student Terms regularly for changes. Your continued use of the Platform following the posting of any changes to the Student Terms will constitute your acceptance of and agreement to our changes.
1.1 These Student Terms state the terms under which Student has the right to use the Platform, and the obligation to pay AssignmentMe fees, if applicable.
1.2 Tutors are independent contractors who use the Platform to offer their services and to perform work on specific projects for Students pursuant to accepted Assignment Orders. AssignmentMe is not a party to accepted Assignment Orders or other services agreement between Students and Tutors. AssignmentMe has no responsibility for, control over, or involvement in the scope, nature, quality character, timing or location of any work or services performed by a Tutor under an Assignment Order.
1.3 Unless modified by you directly through the Platform prior to proposal or by a Tutor pursuant to an accepted counteroffer, all Assignment Orders are governed by Standard Assignment Order Terms and Conditions accessible by following this link: https://assignmentme.com/?page_id=401
1.4 AssignmentMe is not a party to any Assignment Order and is not bound by any terms of an Assignment Order. Assignment Orders are entered into exclusively by and between Students and Tutors.
1.5 AssignmentMe is not an employer or joint employer of any Tutor. AssignmentMe is not responsible for the performance or non-performance of any Student or any Tutor. Each Tutor is solely and entirely responsible for the Tutor’s acts and for the acts of the Tutor’s employees, agents and subcontractors. Each Student is solely and entirely responsible for the Student’s acts and for the acts of the Student’s employees, agents and subcontractors.
Student acknowledges that the profile information for each Tutor available via the Platform is compiled and maintained by the Tutors themselves and not AssignmentMe. Student is responsible for conducting whatever investigation or verification of a Tutor’s profile information that Student deems necessary for purposes of entering into an Assignment Order with that Tutor. AssignmentMe does not and will not investigate Tutors and does not certify or verify the skills, qualifications, background, experience or other Profile Information or other information provided by Tutors in their profile or elsewhere through the Platform. AssignmentMe makes no representation as to the validity or accuracy of information provided by Tutors. Student uses the Platform and contracts with Tutors for completion of Assignment Orders at its own risk.
Student will have access to profiles of all registered Tutors offering their services through the AssignmentMe Marketplace.
4.1 The Platform allows Students to create a profile to be viewed by prospective Tutors who wish to offer their services. AssignmentMe does not own any information, text, data, or other content that Student submits, stores, or uses in the Platform, including all Assignment Order information (the “Student Data”). Student shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Student Data.
4.2 Student grants AssignmentMe a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Student Data solely in connection with its operation of the Platform and related business purposes. AssignmentMe will only use personally identifiable information of Student included in the Student Data for purposes of providing, improving and customizing the Platform, and to de-identify such Student Data as well as for any purpose set forth in the AssignmentMe Privacy Policy. Once AssignmentMe has de-identified Student Data, AssignmentMe may analyze, use and disclose such de-identified information for any purpose, including for marketing and advertising via the Platform interface, and as otherwise set forth in its Privacy Policy.
4.3 Student must enter information and data in the Platform for purposes of accepting and updating the status of Assignment Orders. All such Assignment Order information is the property of the applicable Student.
5.1 A Tutor who performs work for a Student under an Assignment Order through the Platform will be paid by AssignmentMe on behalf of the Student. As a condition of being allowed to post and accept Assignment Orders between Students and Tutors via the Platform, Student must deposit funds with AssignmentMe or meet AssignmentMe’s credit requirements. Any Student funds held by AssignmentMe will be held in an Escrow account and will be commingled with the funds of other Students. Student acknowledges that AssignmentMe will not pay interest on the funds it holds on deposit.
5.2 AssignmentMe charges fees for the use of the Platform upon completion of an Assignment Order. When a Student sources a Tutor through the Platform, the Tutor will pay AssignmentMe a set percentage of the fees agreed to in the Assignment Order. AssignmentMe will deduct these fees directly from the fees payable to a Tutor by a Student. This fee shall be up to ten percent (10%) of the amount payable to Tutor by Student pursuant to a completed Assignment Order. AssignmentMe’s fees are subject to periodic changes in its sole business discretion. Use of the Platform constitutes acceptance of AssignmentMe’s most current pricing.
5.3 Once the Student authorizes its acceptance of a completed Assignment Order through the Platform in accordance with the Assignment Order Terms and AssignmentMe facilitates Student’s payment for services under the Assignment Order to the Tutor, AssignmentMe shall have no further financial obligation with respect to Student or Tutor under that Assignment Order. Any refund of amounts paid or a warranty claim related to an Assignment Order shall be the responsibility of the Tutor who was paid for the services.
5.4 In addition to any other remedies it may have under these Student Terms, AssignmentMe reserves the right to suspend or terminate Student’s access to the Platform in order to protect AssignmentMe’s rights and interests.
5.5 In the event that any jurisdiction imposes sales, use, value-added, excise, or other taxes payable on account of payments to AssignmentMe, other than taxes on AssignmentMe’s own income (“Taxes”), AssignmentMe’s fees will be increased to cover such Taxes so that it receives a net amount equal to the full amount of the fees or other payment obligations that would otherwise have been payable under these Student Terms as if no such deduction or withholding was required.
AssignmentMe will use reasonable efforts to make the Platform available for access and use by Student. Student acknowledges and agrees that AssignmentMe will not be liable for (a) any unavailability caused by acts or omissions of Student, any Tutors or other third parties, or caused by events outside AssignmentMe’s control; (b) problems with Student’s internet access or private computer network and equipment; and (c) AssignmentMe’s regularly scheduled maintenance work. AssignmentMe will use reasonable efforts to cause all maintenance to be completed between 10:00 p.m. and 6:00 a.m. U.S. Central Time, and to minimize any unavailability of the Platform, whether scheduled or not.
AssignmentMe will provide email support. Support shall include assistance with general usage and functionality issues and correction of software bugs and errors. AssignmentMe will make reasonable efforts to correct or fix reported software bugs and errors promptly after being notified of the problem.
AssignmentMe will use reasonable efforts to secure, protect, and maintain the integrity of all data stored by Student in accessing and using the Platform. Student is solely responsible for the security of all usernames and passwords that may be required to access and use the Platform. If the security of such information is comprised, Student agrees to promptly notify AssignmentMe.
Student will be responsible for all equipment, network, and other costs necessary for Student to access and use the Platform via the Internet.
AssignmentMe will not be obligated to provide Student with any consulting or other services related to the use of the Platform.
11.1 Definition.
In performing and accepting services under these Student Terms, AssignmentMe and Student may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shall be limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.
11.2 Obligations.
AssignmentMe and Student will hold all Confidential Information they receive from the other party in strict confidence and will only use it to perform their respective obligations and exercise their rights under this Agreement. Confidential Information may only be disclosed to employees, agents, consultants, and professional advisors who have a good faith need to know such information for the purposes of this Agreement, provided the person receiving the information has a confidentiality obligation to the disclosing party which is at least as stringent as the confidentiality terms of this Agreement. The receiving party shall protect and safeguard the Confidential Information against unauthorized disclosure by procedures no less stringent than those it uses for protecting its own confidential or proprietary information, and in any event by use of no less than a reasonable degree of care.
11.3 Limitations.
These Student Terms impose no obligation with respect to information which: (a) was in the possession of, or was known by, the receiving party prior to its receipt from the discloser, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of these Student Terms; (c) was obtained by the receiving party from a third party having the right to disclose it, without an obligation to keep such information confidential; or (d) is independently developed by the receiving party without the use of Confidential Information.
11.4 Ownership.
Each party retains all intellectual property rights in and to its own Confidential Information.
11.5 Survival.
The confidentiality provisions of these Student Terms shall survive its termination for a period of five (5) years, except for the obligations of the parties regarding any trade secret information which shall survive indefinitely.
12.1 Student shall engage Tutors to perform Assignment Orders directly through the Platform only. Student shall not communicate with any Tutors outside of the Platform for the purpose of avoiding any obligations under these Student Terms or the User Agreement, including the obligation to pay any AssignmentMe fees. Student shall not take any actions which would circumvent the processing of payments through the Platform or prevent AssignmentMe from collecting transaction fees due from a Tutor.
12.2 For the term of Student’s use of the Platform and one (1) year thereafter, Student shall not directly or indirectly: (a) solicit for employment or contract services or hire any Tutor to perform services similar to those offered by Tutor through the platform, except for services to be performed pursuant to Assignment Orders via the Platform without the prior written consent of AssignmentMe; nor (b) take any action which interferes with the contractual relationship between AssignmentMe and any of its Tutors.
These Student Terms commence when Student registers to use the Platform for the first time and continue in force until terminated by either party. Student may terminate these Student Terms immediately upon notice to AssignmentMe at any time and for any reason. AssignmentMe may terminate these Student Terms immediately without any notice at any time and for any reason. Upon termination by either party, Student’s rights to access and use the Platform will cease immediately. Upon any termination, Student will not be relieved of any obligation to pay any fees due to AssignmentMe which accrued before the termination date. If these Student Terms are terminated for any reason, AssignmentMe will make the Student Data available for transmittal to Student within a reasonable period after receiving a written request from Student, provided such request is received within sixty (60) days following termination.
14.1 General.
AssignmentMe and Student each represent and warrant as to themselves that (a) each are duly organized, validly existing and in good standing under the laws of the respective jurisdictions in which they were formed (in the case of Students who are not individual persons); (b) each has full power and authority to execute, deliver, and perform these Student Terms; (c) these Student Terms have been duly authorized, executed, and delivered by and are a legal, valid, and binding obligation in accordance with these terms; and (d) each of their obligations under these Student Terms shall be performed in compliance with any obligations to third parties and all applicable law, rules, or regulations of any governmental entity or agency.
14.2 Student Data.
Student represents and warrants that: (a) Student owns or has secured sufficient intellectual property rights to the Student Data to deliver it to AssignmentMe for use in the Platform as intended by these Student Terms; (b) the Student Data does not and will not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, libelous, deceptive, fraudulent, or violates any person’s privacy or publicity rights; and (c) the Student Data does not and will not contain a software virus or other harmful component.
USE OF THE PLATFORM IS AT STUDENT’S SOLE RISK. EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, THE PLATFORM IS PROVIDED “AS IS” AND “AS-AVAILABLE” AND WITHOUT A WARRANTY OF ANY KIND. ASSIGNMENTME DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASSIGNMENTME DOES NOT WARRANT THAT THE PLATFORM WILL MEET ANY USER’S REQUIREMENTS, OPERATE IN COMBINATION WITH OTHER SOFTWARE OR WEBSITES, BE UNINTERRUPTED OR ERROR-FREE, OR FUNCTION WITHIN A PARTICULAR SYSTEM. NO OTHER ORAL OR WRITTEN ADVICE GIVEN BY ASSIGNMENTME WILL CREATE A WARRANTY REGARDING THE PLATFORM. NO AGENT OR EMPLOYEE OF ASSIGNMENTME IS AUTHORIZED TO MAKE ANY WARRANTY OBLIGATIONS ON BEHALF OF ASSIGNMENTME OR MODIFY THE LIMITATIONS STATED IN THIS SECTION 16.
16.1 AssignmentMe Indemnification.AssignmentMe shall indemnify and hold Student, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any alleged conduct which would constitute a breach of the representations and warranties of AssignmentMe set forth herein; or (b) a claim that the use of the Platform (other than third party materials) infringes the copyright, trademark, or United States or Canadian patent rights of any third party. Upon notice of an alleged infringement or if in AssignmentMe’s opinion such a claim is likely, AssignmentMe shall have the right, at its option, to obtain for Student the continuing right to use the Platform, substitute other non-infringing functionality, or modify the Platform so that it is no longer infringing. THIS SECTION SETS FORTH ASSIGNMENTME’S SOLE AND EXCLUSIVE LIABILITY, AND STUDENT’S SOLE AND EXCLUSIVE REMEDY, FOR ASSIGNMENTME’S INFRINGEMENT OF THIRD PARTY RIGHTS OF ANY KIND.
16.2 Student Indemnification.Student shall indemnify and hold AssignmentMe, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) a claim based on any alleged misuse of the Platform by Student, or a claim that any Student Data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of Student set forth herein; and; and (c) any claims arising out of or related to any Assignment Order, including (i) any claims by any third party or government agency that a Tutor was misclassified as an independent contractor or employee of Student; and (ii) any claim that AssignmentMe was an employer or joint employer of a Tutor; and (iii) related legal claims under any employment laws.
16.3 Conditions.Each party shall indemnify the other party as set forth above provided that: (a) the indemnified party notifies the indemnifying party promptly in writing of the claim; (b) the indemnifying party has sole control of the defense and all related settlement negotiations with respect to the claim; provided, that the indemnified party has the right, but not the obligation, to participate in the defense of any such claim through counsel of its own choosing; and (c) the indemnified party cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim.
17.1 ASSIGNMENTME’S AGGREGATE LIABILITY TO STUDENT FOR CLAIMS RELATING TO THESE TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING TO ASSIGNMENTME FOR ASSIGNMENT ORDERS COMPLETED FOR STUDENT DURING THE MOST RECENT SIX (6) MONTHS OF THE TERM OF THESE STUDENT TERMSOR $2,500, WHICHEVER IS LESS.
17.2 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17.3 Allocation of Risk.
AssignmentMe and Student acknowledge that the foregoing limitations of liability represent a reasonable and negotiated allocation of risk, that these limitations constitute an integral part of these Student Terms, and that absent these limitations the parties would not have executed these Student Terms. The limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
Last modified: May 7th, 2018
Copyright © 2018 AssignmentMe, LLC. All rights reserved.
YOU SHOULD REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A USER OR BY USING THE ASSIGNMENTME PLATFORM. YOU WILL BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER TO USE, OR USE THE PLATFORM.
These Tutor Terms and Conditions (the “Tutor Terms”) state the terms and conditions between AssignmentMe, (“AssignmentMe,” “we,” “us,” or “our”) and users of the AssignmentMe website and software platform (the “Platform”) who register as services Tutors (“Tutor,” “you,” or “your”). Tutor and all other users are also subject to the terms of the AssignmentMe User Agreement (“User Agreement”), which is incorporated herein by reference. Capitalized terms used in these Tutor Terms which are not defined have the meaning stated in the User Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Except as provided in the “Arbitration Agreement and Class Waiver” in Section 17 below, we reserve the right to change the Tutor Terms at any time in our sole business discretion. Please check these terms regularly for changes. Your continued use of the Platform following the posting of any changes to the Tutor Terms will constitute your acceptance of and agreement to those changes.
1.2 Tutor is an independent contractor who uses the Platform to offer services and to perform work on specific projects for Students pursuant to Assignment Orders. AssignmentMe is not a party to accepted Assignment Orders or other service agreements between Students and Tutors. AssignmentMe has no responsibility for, control over, or involvement in the scope, nature, quality character, timing or location of any services performed by a Tutor under an Assignment Order.
1.3 Unless modified by Student through the Platform prior to proposal or by you pursuant to an accepted counteroffer, all Assignment Orders are governed by Standard Assignment Order Terms and Conditions accessible by following this link: https://assignmentme.com/?page_id=401
1.4 AssignmentMe is not an employer or joint employer of any Tutor. AssignmentMe is not responsible for the performance or non-performance of any Student or any Tutor. Each Tutor is solely and entirely responsible for the Tutor’s acts. Each Student is solely and entirely responsible for the Student’s acts and for the acts. AssignmentMe is not a party to any Assignment Order and is not bound by any terms of an Assignment Order.
1.5 Tutor is an independent contractor and is not an employee of AssignmentMe, as described in more detail below.
Nothing in this Agreement is intended or should be construed to create an employer-employee relationship, partnership, joint venture or franchisor/franchisee relationship between AssignmentMe and Tutor. Tutor agrees that Tutor will not take any position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving AssignmentMe that is inconsistent with AssignmentMe being an independent contractor (and not an employee) of AssignmentMe. Tutor is not an agent of AssignmentMe and Tutor is not authorized, and must not represent to any third party that Tutor is authorized to make any commitment or otherwise act on behalf of AssignmentMe.
Tutors will provide all materials that may be needed to perform any services pursuant to an Assignment Order. AssignmentMe will not provide any materials that may be needed for performing services pursuant to any Assignment Order. Further, Tutors are solely responsible for determining which Assignment Orders they will choose to accept, the terms of any counterproposal and the manner in which they will provide the services sought. AssignmentMe will not provide Tutor with any training or direction with regard to services provided and will have no control over the manner in which services are provided or the timing and location of the provision of services. Tutor has the right to determine the manner in which services will be provided to Student consistent with Tutor’s experience and specialized skills.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any Tutor from engaging in any other business activities, services or projects that are separate and distinct from any business activities that Tutor may conduct through the Platform.
Without limiting the generality of the foregoing:
2.1 Benefits and Contributions.
As an independent contractor, Tutor is not entitled to, or eligible for, any benefits that AssignmentMe, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because Tutor is an independent contractor, AssignmentMe will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf.
2.2 Taxes and other Withholdings.
For all purposes, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding requirements and all other federal, state and local laws, rules and regulations, Tutor is and will be treated as an independent contractor and not as a AssignmentMe employee. Accordingly, AssignmentMe will not withhold any employment taxes from any compensation paid to Tutor under this Agreement, and Tutor will be responsible for the payment of all federal, state, and local taxes or contributions imposed or required under unemployment insurance, social security, medical insurance, income tax or other applicable laws, rules or regulations with respect to the performance or rendering of services through the Platform and/or under this Agreement by Tutor. Tutor agrees to indemnify, defend and hold AssignmentMe harmless from any costs, expenses, penalties or damages (including attorney’s fees) arising from Tutor’s failure to properly pay such taxes or contributions and/or AssignmentMe not withholding or remitting employment taxes or contributions relative to compensation paid to Tutor.
2.3 Insurance.
As an independent contractor, Tutor is not covered by any insurance that may be provided by the Company to its employees, including, without limitation, health insurance, workers’ compensation insurance, general liability insurance, and automobile liability insurance. Instead, Tutor is solely and exclusively responsible for Tutor’s own insurance.
Tutor acknowledges that the profile information for each Student available via the Platform is compiled and maintained by the Student themselves and not AssignmentMe. Tutor is responsible for conducting whatever investigation or verification of a Student’s profile information that Tutor deems necessary for purposes of entering into an Assignment Order with that Student. Tutor accepts Assignment Orders with any given Student at Tutor’s own risk. AssignmentMe will not conduct any investigation of a Student for Tutor.
4.1 The Platform allows Tutor to create a profile for viewing by prospective Students of their services. AssignmentMe does not own any information, text, data, or other content that Tutor submits, stores, or uses in the Tutor’s profile, including all Assignment Order information (the “Tutor Data”). Tutor shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Tutor Data.
4.2 Tutor grants AssignmentMe a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Tutor Data in connection with its operation of the Platform and related business purposes. AssignmentMe will only use personally identifiable information of Tutor included in the Tutor Data for purposes of providing, improving and customizing the Platform, and to de-identify such Tutor Data as well as for any purpose set forth in the AssignmentMe Privacy Policy. Once AssignmentMe has de-identified Tutor Data, AssignmentMe may analyze, use and disclose such de-identified information for any purpose, including for marketing and advertising via the Platform interface, and as otherwise set forth in its Privacy Policy.
4.3 Tutor must enter information and data in the Platform for purposes of accepting and updating the status of Assignment Orders. All such Assignment Order information is the property of the applicable Student and Tutor.
5.1 The AssignmentMe Fee.
5.2 Payment for Assignment Orders.
Tutor will be responsible for complying with any and all tax payment or reporting obligations that may be imposed by the laws of any legal jurisdiction as a result of amounts paid to Tutor for completed Assignment Orders. Tutor expressly agrees to indemnify and hold AssignmentMe and all Students harmless from any and all liability, costs, or damages arising from or based on any claim brought by any governmental entity seeking the payment of any taxes based on any services provided by Tutor or any of its employees, independent contractors, agents, or other authorized representatives.
AssignmentMe will use reasonable efforts to make sure the Platform is available for access and use by Tutor. Tutor acknowledges and agrees that AssignmentMe will not be liable for (a) any unavailability caused by acts or omissions of Tutor, any Students or other third parties, or caused by events outside AssignmentMe’s control; (b) problems with Tutor’s internet access or private computer network and equipment; and (c) AssignmentMe’s regularly scheduled maintenance work. AssignmentMe will use reasonable efforts to cause all maintenance to be completed between 10:00 p.m. and 6:00 a.m. U.S. Central Time, and to minimize any unavailability of the Platform, whether scheduled or not.
AssignmentMe will use reasonable efforts to secure, protect, and maintain the integrity of all data stored by Tutor in accessing and using the Platform. Tutor is solely responsible for the security of all usernames and passwords that may be required to access and use the Platform. If the security of such information is comprised, Tutor agrees to promptly notify AssignmentMe.
Tutor will be responsible for all equipment, network, and other costs necessary for Tutor to access and use the Platform via the Internet.
AssignmentMe will not provide Tutor with any consulting or other similar services related to the use of the Platform or their performance of services to Students.
In performing and accepting services under these Tutor Terms, AssignmentMe and Tutor may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shall be limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.
12.2 Obligations.AssignmentMe and Tutor will hold all Confidential Information they receive from the other party in strict confidence and will only use it to perform their respective obligations and exercise their rights under these Tutor Terms. Confidential Information may only be disclosed to employees, agents, consultants, and professional advisors who have a good faith need to know such information for the purposes of these Tutor Terms, provided the person receiving the information has a confidentiality obligation to the disclosing party which is at least as stringent as the confidentiality terms of these Tutor Terms. The receiving party shall protect and safeguard the Confidential Information against unauthorized disclosure by procedures no less stringent than those it uses for protecting its own confidential or proprietary information, and in any event by use of no less than a reasonable degree of care.
12.3 Limitations.These Tutor Terms impose no obligation with respect to information which: (a) was in the possession of, or was known by, the receiving party prior to its receipt from the discloser, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of these Tutor Terms; (c) was obtained by the receiving party from a third party having the right to disclose it, without an obligation to keep such information confidential; or (d) is independently developed by the receiving party without the use of Confidential Information.
12.4 Ownership.
12.5 Survival.
The confidentiality provisions of these Tutor Terms shall survive its termination for a period of five (5) years, except for the obligations of the parties regarding any trade secret information which shall survive indefinitely.
Tutor shall do all work for registered Students directly through the Platform only (or Private Network, as applicable), and shall not communicate with any Students, or Students’ clients, outside of the Platform for the purpose of avoiding any obligations under these Tutor Terms, including the obligation to pay the AssignmentMe Fee. For the term of these Tutor Terms and one year thereafter, Tutor shall not directly or indirectly: (a) solicit or accept employment or contract services from any AssignmentMe Student or Student’s clients, except for services to be performed pursuant to Assignment Orders via the Platform without the written consent of AssignmentMe; or (b) take any action which interferes with the relationship between AssignmentMe and any of its Students or Students’ clients.
These Tutor Terms commence when Tutor registers to use the Platform for the first time and they continue in force until terminated by either party. Tutor may terminate these Tutor Terms immediately upon notice to AssignmentMe at any time and for any reason. AssignmentMe may terminate these Tutor Terms immediately without any notice, at any time and for any reason. Upon termination by either party, Tutor’s right to access and use the Platform will cease immediately. Upon any termination, Tutor will not be relieved of the obligation to pay any fees due to AssignmentMe which accrued before the termination date. In addition to any other remedies it may have under these Tutor Terms, AssignmentMe reserves the right to suspend or terminate Tutor’s access to the Platform in order to protect AssignmentMe’s rights and interests. Any outstanding obligations of AssignmentMe to provide the Tutor with tax reports or Assignment Order payment information shall survive the termination of these Tutor Terms.
15.1 General.
AssignmentMe and Tutor each warrants and represents, as to themselves, that (a) they are duly organized, validly existing and in good standing under the laws of the respective jurisdictions in which it was formed (in the case of Tutors who are not individual persons); (b) they have full power and authority to execute, deliver, and perform these Tutor Terms; (c) these Tutor Terms have been duly authorized, executed, and delivered by and are their legal, valid, and binding obligations in accordance with the terms herein; and (d) obligations under these Tutor Terms shall be performed in compliance with any obligations to third parties and all applicable law, rules, or regulations of any governmental entity or agency.
15.2 Tutor Data.
Tutor represents and warrants that: (a) Tutor owns or has secured sufficient intellectual property rights to any and all Tutor Data that Tutor stores, accesses, and uses with the Platform; (b) the Tutor Data does not and will not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, libelous, deceptive, fraudulent, or violates any person’s privacy or publicity rights; and (c) the Tutor Data does not and will not contain a software virus or other harmful component.
15.3 Disclaimer.
EXCEPT AS SET FORTH EXPRESSLY IN THESE TUTOR TERMS, THE PLATFORM IS PROVIDED “AS IS.” ASSIGNMENTME DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASSIGNMENTME DOES NOT WARRANT THAT THE PLATFORM WILL MEET THE USER’S REQUIREMENTS, OPERATE IN COMBINATION WITH OTHER SOFTWARE OR WEBSITES, BE UNINTERRUPTED OR ERROR-FREE, OR FUNCTION WITHIN A PARTICULAR SYSTEM. NO OTHER ORAL OR WRITTEN ADVICE GIVEN BY ASSIGNMENTME WILL CREATE A WARRANTY REGARDING THE PLATFORM. NO AGENT OR EMPLOYEE OF ASSIGNMENTME IS AUTHORIZED TO MAKE ANY WARRANTY OBLIGATIONS ON BEHALF OF ASSIGNMENTME OR MODIFY THE LIMITATIONS STATED IN THIS SECTION 15.3.
AssignmentMe shall indemnify and hold Tutor, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any alleged conduct which would constitute a breach of the representations and warranties of AssignmentMe set forth herein; or (b) a claim that the use of the Platform (other than third party materials) infringes the copyright, trademark, or United States or Canadian patent rights of any third party. Upon notice of an alleged infringement or if in AssignmentMe’s opinion such a claim is likely, AssignmentMe shall have the right, at its option, to obtain for Tutor the continuing right to use the Platform, substitute other non-infringing functionality, or modify the Platform so that it is no longer infringing. THIS SECTION SETS FORTH ASSIGNMENTME’S SOLE AND EXCLUSIVE LIABILITY, AND TUTOR’S SOLE AND EXCLUSIVE REMEDY, FOR ASSIGNMENTME’S INFRINGEMENT OF THIRD PARTY RIGHTS OF ANY KIND.
16.2 Tutor Indemnification.
Tutor shall indemnify and hold AssignmentMe, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any claim based on any alleged misuse of the Platform by Tutor, or a claim that any Tutor Data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of Tutor set forth herein; and (c) related to any Assignment Order, including any claims by any third party or government agency that Tutor was misclassified as an independent contractor or employee of a Student, and any claim that AssignmentMe was an employer or joint employer of Tutor, and related legal claims under any employment laws.
16.3 Conditions.
Each party shall indemnify the other party as set forth above, provided that: (a) the indemnified party notifies the indemnifying party promptly in writing of the claim; (b) the indemnifying party has sole control of the defense and all related settlement negotiations with respect to the claim; provided, that the indemnified party has the right, but not the obligation, to participate in the defense of any such claim through counsel of its own choosing; and (c) the indemnified party cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim.
AssignmentMe and Tutor mutually agree to resolve any and all covered justiciable disputes between them exclusively through final and binding arbitration instead of a court or jury trial. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to any and all claims arising out of or relating to the Tutor Terms, this Arbitration Agreement, the Tutor’s classification as an independent contractor, Tutor’s provision of services, Tutor’s use of the Platform, any payments made or received by Tutor through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of this Agreement, and all other aspects of the Tutor’s relationship (or the termination of its relationship) with AssignmentMe, past, present or future, whether arising under federal, state or local statutory and/or common law. Tutor and AssignmentMe agree that the mutual obligations to arbitrate disputes provide adequate consideration for this arbitration agreement.
18.1 ASSIGNMENTME’S AGGREGATE LIABILITY TO TUTOR FOR CLAIMS RELATING TO THESE TUTOR TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING TO ASSIGNMENTME FOR ASSIGNMENT ORDERS COMPLETED BY TUTOR FOR THE MOST RECENT SIX (6) MONTHS OF THE TERM OF THESE TUTOR TERMS OR $2,500, WHICHEVER IS LESS.
18.2 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TUTOR TERMS, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18.3 Allocation of Risk.
AssignmentMe and Tutor acknowledge that the foregoing limitations of liability represent a reasonable and negotiated allocation of risk, that these limitations constitute an integral part of these Tutor Terms, and that absent these limitations the parties would not have executed these Tutor Terms. The limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
Last modified: Aug 22nd, 2018
The AssignmentMe Tutor Quality Assurance Program (PQAP) helps insure the overall health of our marketplace. Strong, positive outcomes encourage clients to continue working with both AssignmentMe and the talented service Tutors available through AssignmentMe.
When a Student reports a Quality event, AssignmentMe’s team of Quality Assurance Experts follow this Tutor Quality Assurance Program. Examples of the most common Quality Events and consequences are outlined below:
Infraction Level
If any of the following event type occurs, user account will be deactivated
If any of the following event type occurs, user account will be restricted pending rectification of issue
If you have questions regarding incidents or regarding the Tutor Quality Assurance Policy, please contact AssignmentMe by emailing support@assignmentme.com
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