Luvo provides a variety of services through the Site designed to improve overall academic experience and performance for Site users. Such services include, without limitation, a marketplace for class lecture notes, study guides, outlines, flashcards, live online tutoring, live online conferencing, and recorded video.
You may only have and use one account on the Site. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by Luvo. All information you provide to create an account must be accurate and complete, and you may not impersonate any other person or use a name that is not your own.
When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree to notify Luvo immediately if you suspect any unauthorized use of your account or access to your password.
The Site is owned and operated by Luvo. Unless otherwise specified, all materials appearing on the Site, including the text, site design, logos, graphics, icons, etc., as well as the selection, assembly and arrangement thereof, are the sole property of Luvo or its licensors. You may only use the Site for your own personal use. You agree not to view, copy, or procure content or information from the Site by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Luvo under separate written agreement. No materials from the Site, or any portion thereof, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Luvo’ prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
Luvo does not permit the infringement of intellectual property or other proprietary rights on the Site, and in creating study-related User Content, students must respect any intellectual property rights that others may have in User Content. All User Content posted on the Site must be independently created and/or transformative. It cannot be a transcript or recording of another’s independent efforts, nor can it copy from materials purchased from or created by others. We may, but are not obligated to, review User Content prior to posting it on or distributing it or permitting distribution through the Site.
Schools may have their own policies that place restrictions on a student’s ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies and abiding by them, and discontinuing the use of the Site if such use is contrary to your school policy or the instruction of your professor.
The Site includes a marketplace for Users seeking Tutoring (“Students”) to connect with those seeking to provide tutoring (“Tutors”). You understand and agree that Luvo and the Site act only as a technology service to facilitate communications between Users and Tutors and to collect payment from Users on behalf of Tutors. We do not exercise control or supervision over individual Tutoring sessions. We do not endorse any Tutor, and you are responsible for determining and confirming the identity and suitability of the Tutors for your Tutoring purposes. We cannot confirm or test any Tutor's purported identity or academic qualifications or experience.
YOU UNDERSTAND AND AGREE THAT LUVO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF LUVO. LUVO HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES. LUVO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF TUTORS, STUDENTS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, STUDENTS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TUTORING SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S SOLE RISK.
All Tutors must comply with the following requirements:
Failure to meet any of these requirements may result in our withholding payment and/or suspension or termination of your Luvo account, at Luvo’s sole discretion.
Tutors may set their own hourly Tutoring rates, and may change those rates at any time. User Tutoring bookings are always billed at the rate in effect at the time of booking.
Luvo will retain a service charge based on a percentage of each Tutor’s hourly rates, according to the following rate structure and based on hours accumulated through the Site:
|Hours Tutored||Tutor %|
|0 - 20||60%|
|20 - 49||65%|
By way of example, a Tutor with a rate of $30.00/hour will provide Luvo a service charge of $12.00/hour for time billed between 0 and 20 hours, $10.50/hour for time billed between 20 and 49 hours, and $6.00/hour for time billed over 49 hours. A Tutor’s cumulative hour totals do not reset. Luvo reserves the right to change the above rate schedule at any time.
You pay only for the Tutoring you use. After the end of each session you will receive a confirmation of the number of minutes used and the total cost of the session, and you will be billed according to our payment terms set forth in Section 7 herein.
You may cancel a Tutoring session up to 24 hours before the session start time without penalty. If you cancel the session within 24 hours of the session start time, or fail to attend the session within 15 minutes of the session start time, you will be charged the equivalent of a 15-minute session plus a $1 transaction fee. If the Tutor cancels the session at any time, or fails to attend the session within 15 minutes of the session start time, you will receive a $5.00 Luvo credit and you will not be charged.
At Luvo, we’re so confident we have the study help you need, we guarantee you will improve your grade or we’ll give you your money back.
How to enact the guarantee:
Tutors and Students are expected to treat each other with respect and behave appropriately at all times, and shall not (a) use obscenities, (b) discuss matters other than those directly related to the specific academic subject of the Tutoring session, (c) propose meeting or conversations outside of Tutoring sessions, and/or (d) otherwise violate the Luvo acceptable use terms located in Section 8 herein. You agree that you will not disclose any personally identifiable information during your Tutoring session, including your full name, address, telephone number, email address, social security number, password, or any other information that could be used to identify or locate you. You also agree that you will not solicit any personally identifiable information from your Tutor or Student. You agree that, if a Tutor or Student ever discloses such information to you, asks you for any personal information, or suggests a meeting or conversation outside of the Tutoring session or future Tutoring sessions, you will immediately report this to us by phone and in writing. Failure to comply with this code of conduct may result in our withholding payment and/or suspension or termination of your Luvo account, at Luvo’s sole discretion.
In connection with your receipt of Tutoring Services, you may have the opportunity to leave feedback and make comments about your experience with your Tutor by filling out a review form made available via the Site. Luvo asks that you exercise caution and good judgment when leaving such comments, which may or may not be published on the Site or elsewhere at Luvo’s sole discretion. Once you submit your comments, you will not be able to edit those comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. Luvo disclaims any and all liability relating to Tutor reviews. As with other User Content, Luvo reserves the right to remove or prohibit Tutor reviews from the Site, in whole or in part, without prior notice, for any reason or for no reason at all.
You may not take any actions which may undermine the integrity of our review system including, without limitation, leaving negative, malicious, or untrue reviews, or reviews related to some action or omission that is outside the scope of the Tutoring services.
You agree that we may record all or any part of any Tutoring sessions (including voice chat communications) for quality control and other purposes, and that all recorded content constitutes User Content. We reserve the right to review the Tutoring sessions for any purpose.
A Luvo employee will check to make sure the student enacting the guarantee fits all of the above criteria and, if so, will issue a full refund of all Tutoring related specifically to that course. If you have any questions regarding the DO BETTER™ guarantee or wish to make a claim, please contact us at firstname.lastname@example.org. You will have 14 days from the close of the semester to make a claim under the DO BETTER™ guarantee
If you make a purchase on the Site, unless otherwise noted, all charges are due in full upon checkout. All payments are facilitated by a third party using the preferred payment method designated in your Account. Services charges and transaction fees (together, “Transaction Fees”) may apply.
If you sell User Content through the Site, unless otherwise specified on the Site: (a) Luvo will pay you a designated percentage of the price charged to purchasers, (b) percentage splits are for charges not including Transaction Fees that were charged to purchasers, and (c) payments to Users will be made on a weekly basis by direct deposit to a designated authorized account.
Except as otherwise specifically noted, all financial transactions on or through the Site will be processed in U.S. dollars.
Refunds are available at the sole discretion of Luvo. If you would like to request a refund, please contact us at email@example.com within 7 days of the purchase.
If you sell User Content through the Site, unless otherwise specified on the Site: (a) Flashnotes will pay you a designated percentage of the price charged to purchasers, (b) percentage splits are for charges not including Transaction Fees that were charged to purchasers, and (c) payments to Users will be made on a weekly basis by direct deposit to a designated authorized account.
Luvo reserves the right, in our sole discretion, to make changes to the Site at any time. Any description of the Site provided by Luvo is not a representation that the Site and related services are working or will always work in that manner, as Luvo is continuously updating the Site.
As Luvo continues to improve the services, products and the features we provide, these Terms are subject to change. We will post significant changes to these Terms here and/or other formats for you to review. If we change these Terms, we will notify you. Your continued use of the Site after such notification constitutes consent to the updated Terms.
If you receive a promotional use credit (“Promo Credit”), it may be used on the Site as follows:
If you receive a promotional use credit (“Promo Credit”), it may be used on the Site as follows:
Promo Credits may be provided in electronic format or by way of a Promo Credit printed card or coupon. Each Promo Credit will have a related code, and each Promo Credit may be used only once by a user, unless otherwise provided by Luvo. Promo Credits may also be referred to as “Luvo Credit” or “Rewards” on occasion but are subject to the same terms and conditions.
You may be subject to qualification guidelines and additional terms set by Luvo or its promotional partners, including time limitations on the use of Promo Credits. You must comply with those guidelines and terms, as applicable.
Promo Credits are for a specific denominated value, but can be used only to make purchases of User Content from the Site. Promo Credits may not be applied to previously-placed orders or used to purchase gift cards.
Promo Credits are not transferrable, and they may not be sold or transferred for any reason. Promo Credits are promotional in nature and are issued without any exchange of money or value from you. As such, Promo Credits do not constitute property and you do not have a vested property right or interest in the Promo Credits.
Promo Credit has no cash value and may not be returned, redeemed, or exchanged for cash or for anything other than as set out above.
If you are entitled to a refund for items purchased using a Promo Credit, we will subtract the value of the Promo Credit from your return credit.
You must register on the Site to use your Promo Credit. Purchases of User Content are only permitted with a valid registered account on the Site.
You should safeguard the Promo Credit from unauthorized use. Except where required by applicable law, Promo Credit cannot be replaced if lost or stolen.
If we suspect misuse of the Promo Credit, it may be suspended or terminated. We may cancel the Promo Credit at any time, without notice.
No purchase is necessary to obtain Promo Credit. If you would like a $10 Promo Credit valid for 30 days from date of issue (one per registered user per year), please send your name, email address used to register with Luvo, and street address to Luvo, Attn: Promotions, at the street address set out in Section 19 (How to Contact Us), below.
Luvo reserves the right at any time in our discretion, and without prior notice, to discontinue the Promo Credit program or to change its rules, terms or conditions. Luvo also reserves the right to revoke or cancel specific Promo Credits at any time, for any reason, without notice. If you or Luvo cancels your membership, any unused Promo Credits will be forfeited.
Promo Credits are void where prohibited.
Luvo respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. If you believe your work has been infringed through the Site, please notify us by e-mail or by first class mail as detailed below, and provide the following information:
When we become aware that a piece of copyrighted content has been posted improperly on the Site, we take the following actions:
Under the federal Digital Millennium Copyright Act (“DMCA”), the alleged infringer may submit a counter notice. If you are the author of your work and believe that it has been improperly removed from the website, please notify us by e-mail or by first class mail as detailed below, and provide the following information:
Once we receive a valid counter notice, we’ll provide a copy of the notice to the rights owner and inform them that the content may be reinstated after 10 business days if they don’t inform us that they have filed an action seeking a court order to restrain you from relisting.
Please be aware that if you knowingly misrepresent that material is or is not infringing, you may be subject to civil penalties. Such penalties may include monetary damages, court costs, and attorneys’ fees incurred by Luvo or others as a result of your misrepresentation. You agree we may provide your notice to the provider of the allegedly infringing material.
In compliance with the DMCA, Luvo has appointed an agent to receive notification of claimed infringement from a copyright owner. Send any infringement-related allegations to Luvo, Attention: Sean Murphy, at the street address set out in Section 19 (How to Contact Us), below, or by email to firstname.lastname@example.org.
Luvo is not responsible for the User Content, accuracy or opinions expressed in such User Content posted or provided by third parties on the Site. Inclusion of any linked website or service on the Site does not imply approval or endorsement of the linked website or service by Luvo. In addition, Luvo is not responsible for any damage, injury or loss caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site or any linked services. Posts and linked services created and posted by users on, though or in connection with the Site may contain links to other websites or services. Under no circumstances will Luvo be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Site or Linked Services, online or offline.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LUVO SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LUVO SPECIFICALLY DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT POWER THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUVO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USER CONTENT, OR REGARDING THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY, UNLESS OTHERWISE SPECIFICALLY SET OUT ON THE SITE.
YOU AND LUVO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LUVO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LUVO USERS.
To commence an arbitration against Luvo, you must complete a short form, submit it to the AAA, and send a copy to Luvo at Flashnotes, Inc. d/b/a Luvo, Attn: CFO, at the street address set out in Section 19 (How to Contact Us), below. For more information, see the AAA’s claim filing page,www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Luvo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Luvo subject only to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Luvo, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Luvo users, but is bound by rulings in prior arbitrations involving the same Luvo user to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Luvo will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Luvo will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees and costs. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Luvo for all fees associated with the arbitration paid by Luvo on your behalf that you otherwise would be obligated to pay under the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential.
You may discontinue your use of the Site at any time. We may terminate or suspend your user account or right to access all or portions of the Site at any time, without notice, for any reason or for no reason or for conduct that we believe violates this Agreement and/or is harmful to other users, to Luvo, to other service or information providers, or to any third parties. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: Sections 2 (Account Registration and Termination), 3 (Privacy), 4 (Proprietary Rights), 5 (User Content), 6 (Transactions and Payments), 10 (Reporting Infringement), 11 (Disclaimer of Warranties), 12 (Limitations of Liability), 13 (Indemnity), 14 (Agreement to Arbitrate), and 15 (Governing Law and Jurisdiction).
We invite you to provide Luvo with feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@Luvo.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Luvo. You hereby assign to Luvo and agree to assign to Luvo all of your right, title and interest in and to all Feedback, including all intellectual property rights therein. At Luvo's request and expense, you will execute documents and take such further acts as Luvo may reasonably request to assist Luvo to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
Last revision date: September 17, 2015