Last Updated: October 5 2015
1. General terms
Kris provides this Site to users seeking tutoring services (“Students”) and to users seeking to provide tutoring services (“Tutors”), and to any other entity on whose behalf users accept these Terms. The term "you" or "You" or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between Kris and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
The Site offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the methods, materials and all aspects of the lessons.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, Students should review and investigate each tutor's self-reported credentials, education, and experience, as well as reviews from other students. ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
Kris controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. Kris services may not be available in your location, and available services may vary among locations. In addition, Kris will attempt to deliver all correspondence sent via the Site's messaging system. Kris does not, however, guarantee delivery of all messages.
3. Academic honesty
You acknowledge and agree that Kris's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Kris's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
4. Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Kris, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Kris or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. Kris reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Kris, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Site;
Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you understand and agree that Kris may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Kris may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize Kris to verify the above representations and warranties by you and you acknowledge and agree that Kris shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Kris may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree Kris does not conduct background checks of any User. You also understand and agree Kris neither confirms nor denies the validity of information provided by Users and that Kris does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
Kris expressly disclaims, and you expressly release Kris from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
Kris reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Kris in its sole discretion. Alleged improprieties by any User may be reported to Kris by email at firstname.lastname@example.org
5. Third party reports
Kris may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications ("consumer reports"). Kris does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Kris does not independently verify information in the consumer reports.
You hereby consent to Kris collecting, using and disclosing the information in the consumer reports. You understand and agree that Kris may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Kris shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Kris reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Kris's sole discretion.
6. Confidentiality of Kris information
You may obtain direct access via the Site to certain confidential information of Kris and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Kris and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Kris, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Kris adequate to afford Kris the opportunity to object to the disclosure.
7. Content submitted to the site
Kris does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Kris shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Kris an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Kris, its affiliates, and third-party providers of any information that you may provide on the Site.
8. Terms of transacting business
You understand and agree to abide by Kris’s tutor and student payment policies. You agree that you are willing to pay all costs associated with the services through Kris. These costs include but are not limited to: (a) a tutor’s hourly rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor’s cancellation policy, which can be found on a tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Kris.
9. Third party verification services
Kris may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Kris shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681. See http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.
10. Advertisements and promotions
Kris may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Kris found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Kris is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kris advertisers on the Site.
11. Text message notifications
Tutors may opt in to receive text message notifications for new student messages, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
How to sign up and other information
How to cancel
If you need to cancel text message notifications, update your “Notifications options” page on the Site.
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
We are able to deliver text message notifications to the following mobile phone carriers:
AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, & Virgin Mobile.
T-Mobile is not liable for delayed or undelivered messages.
For help or more information, call (408) 693-5551 or email email@example.com.
12. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that Kris is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Kris will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Intellectual property rights
Except as expressly authorized by Kris or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Kris discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"Kris Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Kris uses in connection with its products and services. You may not remove or alter any Kris Trademarks, or co-brand your own products or material with Kris Trademarks, without Kris's prior written consent. You acknowledge Kris's rights in Kris Trademarks and agree that any use of Kris Trademarks by you shall inure to Kris's sole benefit. You agree not to incorporate any Kris Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Kris on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
14. Termination and suspension
Kris reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
15. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. KRIS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. KRIS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
KRIS MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
16. Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING SERVICES. YOU UNDERSTAND AND AGREE THAT KRIS HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT KRIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT KRIS IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. AS SUCH, KRIS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. KRIS WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. KRIS IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
YOU UNDERSTAND AND AGREE THAT KRIS HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT KRIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT KRIS IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, KRIS EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES KRIS FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
TO THE FULL EXTENT PERMITTED BY LAW, KRIS IS 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 SITE, EVEN IF KRIS HAS PREVIOUSLY BEEN 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: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) 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 THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL KRIS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO KRIS OR A KRIS PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
17. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, including without limitation following the recommendations set forth in Kris’s Tutor and Student Safety Tips, when interacting with other users.
Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Tutor conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Kris. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in San Jose, California, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Kris may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.
You agree that any material breach of the Terms will result in irreparable harm to Kris for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Kris will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Kris seeks such an injunction.
21. Notices; modification and termination of services; amendment of terms
Kris may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. Kris reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Kris may also delete, or bar access to or use of, all related information and files. Kris will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Kris may amend these Terms at any time by posting the amended terms on this Site.
22. Governing law
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of California.
23. Entire agreement
These Terms constitute the entire agreement between you and Kris relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Kris or third-party products or services.
To send you email reminders about exciting new services, we need to have your e-mail address. We may also request your name, address, telephone number, age and set preferences so we can send you the most appropriate services you or your children are craving (collectively, "Personal Information"). Kris does not collect any other personally identifiable information that you do not expressly provide. We will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. Kris may share your personal information for the purpose of delivering our e-mail to you or as required by law.
INFORMATION COLLECTION AND USE
Our primary goals in collecting information are to provide an exceptional Service, improve the Site, Application, features and content, to administer your use of the Site and Application and to enhance your experience with the Service.
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, a "KrisUser"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service, and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
PERSONALLY IDENTIFIABLE INFORMATION
When you register with us through the Site or Application and become a Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your age and Set theme preference. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application.
You can also register to join by logging into online accounts you may have with third party service providers ("SNS") (e.g. Facebook or Twitter); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Kris Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Kris through the Site, Service or Application; or (ii) allowing Kris to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Kris and/or grant Kris access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Kris to pay any fees or making Kris subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, other information you make publicly available via the applicable SNS and/or other information you authorize Kris to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Kris Account and Kris Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Kris Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your Kris Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Kris Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Kris newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Account Settings" information. Please note that we may also use your Personal Information to contact you with information related to your use of the Service (e.g. that a Set was sent to you); you are not able to opt out of these notifications as they are critical to facilitate the Service.
Kris may from time to time ask you to provide information on your experiences with the Service, which will be used to measure and improve the quality of our Service. You are at no time obliged to provide such information. Kris reserves the right to use anonymized information that does not identify you personally for marketing purposes, for instance, by displaying selected comments without a user's identity on the Site, or in communications from the Kris team.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Identity theft and the practice currently known as "phishing" are of great concern to Kris. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Kris Account ID, or login password in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
AGGREGATE INFORMATION AND NON-IDENTIFYING INFORMATION
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with the public on our blog or to third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will NOT contain your Personal Information.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT; GUARANTEE PROGRAM
Kris cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Kris or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
CHANGING OR DELETING YOUR INFORMATION
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org or editing the relevant part of their profile online. If you would like us to cancel your Kris Account, please contact us or select the "Cancel" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Kris Account. Please note that, if you cancel your Kris Account, anything you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
Kris may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Kris is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at email@example.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LINKS TO OTHER WEBSITES
Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
We control and operate Kris from California. Your usage is governed exclusively by the federal and state substantive laws applicable in California, without respect to conflict of laws principles. Please note that we do not represent or warrant that Kris is appropriate for use in your particular jurisdiction. Those who choose to access Kris do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
MODIFICATION TO THIS POLICY
Information we collect
We also gather non-PII when you use the Site. Such data is compiled in aggregate and includes things like the referring URL and the type of browser you may be using to access the Site. This data is used to better understand and enhance the user experience on the Site. Kris may publish these statistics or share them with third parties without including PII.
User generated content posted through certain social networking preferences (e.g. pages you "Like" or "Follow") may be viewed by the general public. Accordingly, Kris cannot ensure the privacy of any PII included in such User generated content.
Data transmission and storage
Kris uses industry-standard 128-bit SSL encryption when collecting and transmitting your information through the Site and the Kris network (collectively, the “System.”) Once information has been collected, we encrypt sensitive data in our database for added security. Kris also uses firewalls and hardware monitoring across our System to protect against unauthorized access. Unfortunately, even with these measures, Kris cannot guarantee the security of PII. By using the Site, you acknowledge and agree that Kris makes no such guarantee, and that you use the Site at your own risk.
If you elect to pay for tutoring lessons with a credit card, we will collect your name, credit card number, expiration date, and address information associated with the account. All financial information is collected and encrypted in our System in full compliance with the Payment Card Industry Data Security Standard.
If you are a tutor and elect to pay for a background check, we will collect credit card information to order a background check on your behalf. Payment information entered into our System solely to procure a background check will not be stored on our servers.
Use of Personally Identifiable Information
Kris does not disclose or sell your PII without your consent. We may use PII or other personal information you specifically give to us: a) to provide services to you through the System, b) to process transactions and billing, c) for identification and authentication purposes, d) to communicate with you concerning the System, transactions, security, privacy and administrative issues relating to your use of the System, e) to improve your response to and interaction with the System, f) to do something you have asked us to do, or tell you of services that we think may be of interest to you; and g) for administration of and troubleshooting regarding the System. Certain third parties who provide technical support for the operation of the System may need access to such information from time to time but are not permitted to disclose such information to others. Kris shares a minimum amount of information between tutors and students in order to facilitate the arrangement of tutoring sessions. We reserve the right to release non-personally identifiable information collected in aggregate, however.
Kris does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, please do not provide your contact information or any other personally identifiable information to Kris. If you are the parent or legal guardian of someone under the age of 13 who may have provided us with information without your knowledge or consent, please contact us to have this information removed. All contact, including tutoring sessions, between a tutor and any minor should, of course, take place only in a supervised setting.
Legal requests and business transfers
Please remember to help keep the Site secure by never sharing your username or password. If you think your password may have been compromised, please change it immediately or contact Kris for additional assistance.
Kris may send you email communications periodically detailing new features or promotions on the Site. You may unsubscribe from these messages by using the link at the bottom of the email. We may also send you email messages about the status of your account or any notices as required by law. You may not opt-out of receiving these administrative emails so long as you continue to use this voluntary service. If you wish to terminate your account, please contact us.
Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to firstname.lastname@example.org
Users Outside the United States
Tutor hiring safety tips
Understand that anyone who is able to commit identity theft can also falsify a profile, so we suggest you take the following steps for your own protection.
Order background checks
Before hiring a tutor, you should run a background check. For just $7.99, you can run a background check that covers Social Security number trace, felonies, sex crimes and certain misdemeanors.
Review student feedback
Look at the Student Feedback section of the tutor profile to see lesson ratings (1 to 5 stars) and student reviews from previous customers. You are also free to request outside references from the tutor.
Meet in public (for in-person tutoring)
If you choose to have a face-to-face meeting with a tutor, always tell someone in your family or a friend where you are going and when you will return. Always provide your own transportation to and from your lesson and meet in a public place with many people around such as a library or coffee shop.
Have an adult present
An adult should always be present for tutoring sessions if the student is under the age of eighteen.
Keep personal information private
Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in initial e-mail messages or communications. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. Do not exchange personal contact information until you are completely comfortable and until you have payment information on file with Kris.
We’re here to help!
We want you to have a safe and enjoyable tutoring experience. Contact us to let us know how we can help!
Tutors are independent
When you hire a tutor, you are hiring an independent contractor. You are responsible for researching and overseeing your tutor.
Background check information
The results of a criminal background check and Social Security number trace provide students and parents with an additional metric to consider when choosing a qualified local tutor. To provide this service to the Kris community, we suggest that you contact agencies like First Advantage, one of the largest and most respected background check providers in the country. NOTE THAT KRIS DOES NOT REQUIRE ALL TUTORS ON ITS WEBSITE TO HAVE A BACKGROUND CHECK CONDUCTED ON THEMSELVES.
How it works
As a tutor in the Kris network, we ask that you furnish your name, residential address, Social Security number, and any aliases you may have. As requested by a tutor, student, or parent, First Advantage will conduct a National Criminal Database search which will return results limited to the following :
Social Security number trace (verifying the SSN provided is a valid number and not on the death index only)
Felony and misdemeanor convictions within the past seven (7) years
Sex crime convictions (misdemeanor or felony) within the past seven (7) years
Generally, in accordance with applicable law the following convictions relating to children, theft, fraud or violence will subject a tutor to removal from the site: felony convictions within the past seven years; and misdemeanors within the past three years, except those misdemeanors relating to children which will be considered within seven years. Kris, however, will review every background report and will take into consideration the nature and gravity of the offense, the time of the offense and the fact that the person is attempting to be a tutor. Kris will allow an individual to dispute any inaccurate or incomplete information before removing an individual from the site.
Ordering a background check
A background check may be ordered in one of two ways. In both cases, the party ordering the check will be responsible for the fee of $7.99. First, a tutor may elect to run a background check on him or herself. This step is optional and may expedite the arrangement of future tutoring lessons. Second, a student or parent may order a background check on a tutor. When a background check is ordered by a student or parent, failure to provide consent on the part of the tutor will be taken as an indication that the tutor no longer wishes to find tutoring opportunities through Kris.
A tutor will have a “pending” status while the background check is processed and/or evaluated. Pending status means: 1) a background check is being processed, 2) a background check has been completed, but the tutor is reviewing it and has the right to dispute its accuracy or completeness, or 3) the person has a pending arrest/charge or deferred adjudication. Regardless of the reason, if a person has had a pending status for 30 days, he or she will be removed from the website.
What happens after a passed background check?
Upon notification of a successful background check, Kris will post an icon on the tutor’s profile that details the date of the latest successful check. Students will be able to see this icon when choosing a tutor. Students and parents may also elect to run additional background checks at their own expense. When this happens, Kris will communicate this action to the tutor via email and will update the tutor’s profile accordingly.
What happens after a failed background check?
In compliance with the law, Kris will deactivate the profile of any tutor who does not pass a background check or provide consent. Additionally, we will alert any students the tutor may have contacted while part of the Kris community that the tutor has not passed the background check requirements of the site. All disputes must be directed to First Advantage at the contact information below.
First Advantage Screening Solutions Inc.
P.O. Box 105292
Atlanta, GA 30348-5292
Telephone: 888.214.8966, fax: 678.694.2844
In the event that a background check is amended, Kris will reactivate the tutor’s profile and contact any former students upon notification from First Advantage. Please note that submission of incorrect or incomplete personal information including a tutor’s name, alias, or Social Security number may lead to a failed background check.
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on Kris Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Kris Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Kris Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Kris Site, except that where an Kris Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Kris Sites is prohibited.
In the event that we offer downloads of software on an Kris Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an Kris Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any Kris Site for which you do not seek Consideration (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Kris Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Kris Sites, on third party web sites, stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
To the extent that any Submissions you Distribute on or through Kris Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through Kris Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on the Kris Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Kris Site. In addition, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of any Kris Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Kris Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Kris Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the Kris Sites. By using the Kris Sites, you agree that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Kris Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Kris Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
8. COORPERATION; REMOVAL OF SUBMISSIONS
9. CONTENT ACCESSIBLE THROUGH LINKS FROM KRIS SITES AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO KRIS SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY KRIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY KRIS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Kris Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of Kris Sites are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Kris Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY KRIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A KRIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY KRIS SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO KRIS SITES OR CHANGE THE KRIS SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
13. JURISDICTIONAL AND VENUE ISSUES
15. GENERAL PROVISIONS
16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Notification of any trademark infringement must be sent to: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Collection and Use of Personal Information
Kris collects and uses personal information from customers and others (an "Individual") as follows:
Kris may collect and maintain personal information such as an Individual's name, contact information, payment card information and purchase history when an Individual subscribes for services or purchases products on our website or at a franchise location.
Kris may collect personal information from an Individual where the Individual submits an application for programs operated by Kris or for an employment opportunity (such as that contained in a resume, cover letter, or similar employment-related materials). We use submitted personal information as is reasonably required to assess the Individual's eligibility in the Programs and to advertise and promote the Programs or to assess the Individual's suitability for employment at Kris as well as to process the application and respond to the Individual.
When participating in a contest or promotion, we may collect personal information, such as a contest winner's name, city of residence, and prize winnings in order to award prizes and promote such contests. This information may be published in connection with contests.
From time to time, we may obtain an Individual's consent to use the Individual's contact information to provide periodic newsletters or updates, announcements and special promotions regarding Kris products and services.
In order to use certain features on the Sites (such as to make publicly available personal information about yourself and others, including without limitation, photos and videos), an Individual may be required to register and provide personalinformation such as name, email address, location (i.e. city, province, postal code), date of birth and a user name and password that the Individual chooses. We use this information to identify you, provide the requested feature and, with respect to date of birth, to verify that you meet the minimum age requirement. Your username, city and province will be published with your posting. By making publicly available his or her personal information on the Sites, the Individual consents to the publication of such personal information. By publishing personal information about another individual, the Individual represents that he or she has, where required by applicable privacy laws, obtained the consent of such individuals to publish such information.
The "Send to a Friend", "Share", and other similar features on our Sites permit an Individual to send email to others. This feature requires an Individual to submit his or her name and email address, as well as the name and email address of the recipient. We do not use the names or email addresses submitted in these circumstances for any other purpose without the consent of the Individual or the email recipient to do so.
When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service and product and service offerings.
Kris may otherwise use customer information for additional purposes that are identified at or before the time that the information is used for such additional purposes.
Disclosure of Personal Information
Kris will not disclose, trade, rent, sell or otherwise transfer personal information for purposes other than as those set our herein, except with an Individual's consent or as required or permitted by law.
Kris may transfer or disclose personal information as follows:
Kris may transfer your personal information to third-party service providers or agents who provide services to or on behalf of Kris, such as hosting, data management and storage services, market analyses, and retention services. Either Kris or such third party service provider may use servers for such purposes located in the United States or another foreign country. The personal information of an Individual may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of personal information through the laws of the foreign country.
Kris, our affiliates and our US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable US or other law. We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims.
We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Kris or as part of a corporate reorganization or stock sale or other change in corporate control.
Cookies and IP Addresses
Kris collects and uses an Individual's IP address to help identify the Individual, gather broad demographic information about users of the Sites, diagnose problems with Kris’s systems, and administer the Sites.
Third party links
Kris has implemented measures designed to protect against the theft, loss, unauthorized access, use, disclosure and alteration of personal information in our custody and control, with security measures appropriate to the sensitivity of the information, including through the use of reasonable physical, organizational, and technological safeguards and appropriate training of employees. Kris’s third party service providers are obligated to maintain confidentiality and security of the personal information transferred to them and are not authorized to use such information other than to provide the services or as otherwise permitted by law.
An Individual's online access to certain personal information may be protected with a username and/or password that the Individual chooses. Kris strongly suggests that Individuals do not disclose their username or password to anyone. Kris never asks for an Individual's password in any unsolicited communication.
Individuals are given the opportunity to opt-out of receiving communications from Kris by sending a request to our general inquiry email at email@example.com