Terms of Use

1. Purpose. KKtutoring.com (“K & K”) is the web service of K & K Tutoring Enterprise (“Owners”). K & K offers its students (“users”) a web portal to book tutoring and educational consulting appointments to help them achieve both in and outside the classroom. K & K also allows users to access supplemental material.

2. Terms of Use. These Terms & Conditions of Use (“Terms”) apply to K & K and your use of K & K signifies your agreement with the Terms. If you do not agree with any of the Terms, do not use K & K. K & K “reserves the right, in its sole discretion, to modify the Terms without further notice and at any time.” Your continued use of K & K after any such change constitutes your acceptance of the new Terms. The Terms apply exclusively to your access to, and use of, K & K and do not alter in any way the terms or conditions of any other agreement you may have with K & K for products, services, or otherwise. K & K is a privately owned entity and is to not be affiliated with University of Arizona or the Eller College of Management.

3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to K & K are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the K & K, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the K & K.


4. Privacy Policy. Users of K & K should refer to K & K’s Privacy Policy for information about how K & K uses, collects information and may disclose or otherwise provide information to third parties.

5. Term. You may end your basic membership at any time for any reason by notifying the owners. Ending your basic membership means that you will not be able to access K & K and book appointments. Even after membership ends, all of Terms will remain in effect.


6. Restrictions and Prohibitions of Use. Your license for access and use of K & K and any information, materials or documents (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of K & K or any Content retrieved therefrom; (b) use K & K or any materials obtained from K & K to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content from K & K; (d) use any Content from K & K in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in K & K; (f) make any portion of K & K available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any K & K software or use any network monitoring or discovery software to determine K & K architecture; (h) use any automatic or manual process to harvest information from the K & K; (i) use K & K for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use K & K in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export K & K or any portion thereof, or any software available on or through K & K, in violation of the export control laws or regulations of the United States.

7. Registration. Certain sections of, or offerings from, K & K may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.



8. Password. You must keep your password secret. You must not use the account, username or password of any other user at any time or disclose your password to anybody else. You must tell K & K immediately if you suspect any unauthorized use of or access to your account and/or password. You alone are responsible for any and all use of your account.

9. Payment. Users will be prompted to pay as they book their appointments. A student will have to pay before their appointment can be confirmed. Payments will be accepted through a third-party agent. The user must pay in full at the time of purchase or their appointment will not be confirmed and honored. Users will be able to pay using cash, but only if appointment is scheduled over the phone.
As a premium member, you will be required to pay semester dues designated on your program contract thus making you exempt from the above mentioned payment policies.
Also all users, regardless of membership status, represent and warrant that purchasing from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

10. Booking. A user must book their appointment with at least a 24-hour notice. If a user books an appointment for within 24 hours of the time the appointment is booked, the appointment may be honored at the discretion of the owners, but the payment is non-refundable.

11. Cancellations. Once a user has booked an appointment, they will only be able to cancel it within 48 hours before their appointment. Any appointment cancelled after this time will not be honored unless agreed upon by the owners. However, once an appointment has been booked it is non-refundable even if it has been cancelled.

12. Performance. We strive to provide the best possible service to our users. However, we will not be held accountable or responsible for the academic success or lack thereof demonstrated by the student. Although we will do everything in our power to help grades and skill sets improve, we can offer no guarantee.

13. Cheating. We do not condone the act of cheating. All owners amd tutors will offer their advice to the students. This advice is only to be used by the user receiving it. This includes help on papers, projects, homework, and test preparation. However, this does not mean that we will give students answers to online quizzes, assignments, or anything else related. K&K WILL NOT not assist any student with work that is knowingly meant to be done on one's own. If any user abuses the service, the owners will have the ability to cancel their terms of use.

14. Advice. All information provided to the user by the owners is considered to be subjective advice. The student has the ability whether to accept the advice or not. The owners are in no way responsible for any of the work that the user completes regardless of whether the work completed is right or wrong.

15. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

16. Harassment. No harassment of any form will be tolerated.

17. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of K & K

18. Limitation on Liability. IN NO EVENT SHALL K & K BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF K & K HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, K & K’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO K & K FOR K & K SERVICES UP TO THE DATE WHEN THE CAUSE OF ACTION FIRST ARISES.


19. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding K & K uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

20. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, K & K operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tucson, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Tucson, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

21. Securities Laws. K & K may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on K & K, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. K & K and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

22. Links to other Web Sites. K & K contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on K & K does not imply approval or endorsement of the linked Web site by us. If you decide to leave K & K and access these third-party sites, you do so at your own risk.

23. Copyrights. All materials created on K & K are copyright. You agree that you will not publish or distribute any portion of any materials without prior written permission from us.
24. Press Releases on K & K. K & K contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

25. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Tucson, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to K & K(and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with K & K is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
26. Entire Agreement. You agree that these Terms including the policies and agreements it refers to (i.e. our Privacy Policy) constitute the complete and only Agreement between you and K & K regarding the Services contemplated herein.

27. Severability. You agree that these Terms are severable. If any part of these Terms are determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

28. Waiver. The failure of K & K to enforce any of the provisions of these Terms or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of K & K thereafter to enforce such provisions.

29. Force Majeure. K & K will make every effort to keep K & K operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold K & K liable for any of the consequences of such interruptions.

30. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in this Agreement.

31. Refund Policy: All transactions made on the site are final. There will be absolutely no refunds once a booking is made. 

If any of the above mentions terms are violated or infringed upon, the owners have the ability to terminate your account.