Welcome to Benchmark Learning! By accessing or using our website and services, you agree to comply with and be bound by the following Terms of Use. If you do not agree with these terms, you must not use our website or services. These Terms of Use govern your access to and use of our platform, including all content, features, and services available through our website.
By accessing or using the Benchmark Learning website (the “Site”) or any services provided by Benchmark Learning (the “Services”), you agree to comply with and be bound by these Terms of Use, including any policies or guidelines incorporated by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You must be at least 18 years old, or have the consent of a parent or guardian if you are under the age of 18, to use our Services. If you are a parent or guardian, you are responsible for the use of the Services by your minor child.
Benchmark Learning provides online tutoring services, including but not limited to academic tutoring, test preparation, and subject-specific tutoring via virtual platforms. Services are offered worldwide to students seeking educational assistance. The specific terms, conditions, and pricing of tutoring services will be outlined in separate agreements or subscription plans when you book a session or register for a course.
To access certain features of the Site, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update this information if necessary. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.
Account Security: You agree to notify us immediately if you suspect any unauthorized access to your account. Benchmark Learning is not liable for any loss or damage caused by your failure to protect your account information.
You agree to use the Site and Services for lawful purposes only. You will not use the Site to:
• Violate any applicable laws or regulations.
• Infringe the intellectual property rights of others.
• Engage in any disruptive, harmful, or offensive behavior, including harassment, spamming, or spreading malware.
• Provide false, misleading, or defamatory content.
• Attempt to gain unauthorized access to our systems or networks.
Benchmark Learning reserves the right to suspend or terminate your account if you violate any of these terms.
Tutor-Student Interaction: Benchmark Learning facilitates connections between students and tutors. Tutors are independent contractors, and we make no representations or warranties regarding their qualifications or expertise. It is your responsibility to verify the credentials of your assigned tutor.
Session Booking: You can book tutoring sessions through our platform. Any cancellations, rescheduling, or modifications to sessions are subject to our cancellation policy.
Payment and Fees: Payment for tutoring services is due at the time of booking or as specified in the service agreement. All fees are non-refundable, except as specified in our cancellation policy.
All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of Benchmark Learning or its licensors and is protected by intellectual property laws. You are granted a limited, non-transferable license to access and use the content solely for personal, non-commercial purposes.
You may not reproduce, distribute, modify, or create derivative works from any of the content without the express written permission of Benchmark Learning.
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Site and Services, you consent to the practices described in our Privacy Policy.
No Warranty: Benchmark Learning makes no representations or warranties regarding the accuracy, reliability, or availability of the Site or Services. The Services are provided "as is" and "as available," and we disclaim all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability: In no event will Benchmark Learning be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, or data arising out of your use of the Site or Services, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Benchmark Learning, its affiliates, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses arising from your use of the Site or Services, including any violation of these Terms of Use.
We reserve the right to suspend or terminate your access to the Site and Services at our sole discretion, without notice, if we believe you have violated these Terms of Use or engaged in any conduct that may harm our reputation or the functionality of the Site.
Upon termination, all rights and licenses granted to you will immediately cease, and you must stop using the Site and Services.
Benchmark Learning may revise these Terms of Use from time to time to reflect changes in our practices, legal requirements, or other operational reasons. When we update the Terms, we will post the revised version on this page with an updated effective date. It is your responsibility to review these Terms regularly to stay informed of any changes.
These Terms of Use are governed by the laws of Delaware without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved through binding arbitration in Delaware, and you agree to waive your right to a jury trial.