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Terms and Conditions

Effective January 25th, 2023

Website Owner, Operator, Offerings, and Binding Terms

This website is owned and operated by Piñon Tutoring LLC (Piñon Tutoring) by Seth A. Stambaugh.  These Terms set forth the terms and conditions under which you may use Piñon Tutoring's website and services as offered by Piñon Tutoring.  This website offers visitors tutoring services.  By accessing or using this website or its services, you approve that you have read, understand, and agree to be bound by these Terms.

Who May Use This Website

In order to use this website, you must be at least 18 years of age, or the  legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.  You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Location Of and Parental Presence During Tutoring Sessions

Tutoring sessions can only take place in your home, whether in-person or online.  Students under 18 years of age must be supervised by parents or guardians during all tutoring sessions, both in-person and online.  The tutor does not act as supervisor, babysitter, or monitor of children and is not responsible for their behaviors, actions, or the outcomes of such behaviors and actions during sessions or at any other time.

Purchase Policy

When buying a service, you agree that: (i) you are responsible for selecting the duration of each session you book; (ii) you enter into a legally binding contract to purchase a service when you commit to buy a service and you complete the booking and check-out process.

The prices Piñon Tutoring charges for using these services are listed on the website.  We reserve the right to change our prices for services displayed at any time, and to correct pricing errors that may inadvertently occur.  Payment for services is due the same day as the service.  If payment is not received within 6 days of the unpaid service, a late fee may apply and your upcoming sessions will be canceled until we receive payment for any and all unpaid services.

Pricing Plan Terms and Conditions

May be purchased multiple times for a total of 8 or 12 sessions per month (if multiple plans purchased, during booking the number of remaining sessions will show in increments of 4, but will reset after 4 bookings are made). 3 month term. Payment automatically processed monthly for 3 months. After 3 months, clients are responsible for renewing plan. Clients are responsible for booking appointments through the Pricing and Booking page. Appointments depend on staff availability. No rollovers month-to-month for unbooked monthly appointments or unused phone consultations. Clients are responsible for scheduling phone consultation by contacting Piñon Tutoring and are according to staff availability. Cancellations of sessions or plans before plan expiry are not eligible for refund. Early cancellation of a plan will require payment of the difference between plan prices and standard prices for all sessions received at plan price.  Pricing Plans roll-over APS school breaks.

Cancellations, Late Starts, and Refunds

For any cancellations, you must cancel your appointment at least 24 hours in advance of the time booked and Piñon Tutoring will offer a refund based upon the original payment method or you may reschedule.  Cancellations made with less than 24 hours until our scheduled appointment will not be eligible for refund or reschedule.  Refunds may be subject to fees by the payment processor.  Piñon Tutoring is not responsible for these fees.  Tutoring starts promptly at our appointment time.  If you are not available within 5 minutes of your appointment time either online or in-person, and have not contacted Piñon Tutoring, your session will be canceled and not eligible for refund.  If you contact Piñon Tutoring within those five minutes, up to a 15 minute grace period will be granted.  After 15 minutes, your session will be canceled and forfeit and not eligible for refund.  

Snow/Inclement Weather Policy

In the event of Winter or Inclement Weather, you will receive an email that indicates one of the situations below:

 

SITUATION A: APS/your local school calls a snow day: Sessions Canceled

SITUATION B: APS/your local school calls a 2-hour delay: Sessions as Normal, unless Situation C

SITUATION C: If winter/inclement weather begins between 12 PM and 3:30 PM, regardless of previous APS delays or not: Sessions on Standby–We will update you as conditions develop/according to the forecast.  Possibility of switching to online sessions–inquire if interested.

SITUATION D: If winter/inclement weather begins (or is reasonably expected to begin) after 3:30 PM: Sessions Canceled.  We thank you for understanding the safety of our tutors is incredibly important, and we do not want anyone on the roads if it's even just potentially unsafe and approaching nightfall.  Please give your children the opportunity to play in the snow! Learning happens there too, and snow in our climate is something to be celebrated.  Potential for a switch to online sessions in exceptional circumstances.

 

Additionally, if you live somewhere that gets more significant snowfall than the Albuquerque Metro Area and you are experiencing weather while we are not, please reach out to us before your session so we can make arrangements to switch to an online session.

On days with Winter Weather, all you should have to do is check your email to see which situation is indicated and how we will proceed.

Cancellations due to inclement weather will not result in you being charged for the session that was scheduled regardless of whether you pay by individual session or by a pricing plan.

Right to Change Offering

Piñon Tutoring may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services.  Piñon Tutoring may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of Intellectual Property, Copyright, and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Piñon Tutoring.  Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to Suspend or Cancel Account or Services

Piñon Tutoring may permanently or temporarily terminate or suspend your access to services without notice and without liability for any reason or no reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

Indemnification

You agree to indemnify and hold Piñon Tutoring, its owner, or tutors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Piñon Tutoring, its owner, or its tutors, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, tutoring services.  While Piñon Tutoring strives to provide excellent tutoring services, Piñon Tutoring does not guarantee the client's desired outcome and will not provide refunds or be held liable for outcomes that differ from client expectations.

To the maximum extent permitted by applicable law, Piñon Tutoring, its owner, and its tutors assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, illness, or property damage, of any nature whatsoever, resulting from your access to or use of tutoring services; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to Change or Modify Terms and Conditions

Piñon Tutoring reserves the right to modify these terms from time to time at our sole discretion.  Therefore, you should review these page periodically.  When we change the Terms in a material manner, Piñon Tutoring will notify you that material changes have been made to the Terms with a post on the home page. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional Communication and Content

You agree to receive occasional promotional messages from Piñon Tutoring by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify Piñon Tutoring at any time. 

Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided here, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States and New Mexico, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Albuquerque, New Mexico. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Non-Discrimination

Piñon Tutoring honors and values diversity as a fundamental and integral part of our society.  Piñon Tutoring does not discriminate or tolerate discrimination on the basis of race, color, religion, creed, sex, age, marital status, national origin, mental or physical disability, veteran status, sexual orientation, gender identity and expression, genetic information, and any other class of individuals protected from discrimination under state or federal law in any aspect of its practices.  This includes clients, students, employees, and contractors of Piñon Tutoring.

Respect and Dignity

Respect and dignity are fundamental tenets of any educational endeavor.  Both educators and learners participate in a process of continual growth and renewal, and it is important to maintain mutual respect toward one another in order to be as successful as possible during this process.  It promotes a sense of dignity.  As a business, Piñon Tutoring, its owner, agents, tutors, and other staff members, promise to treat all students and clients with respect and transparency in order to foster a relationship of trust and maximum productivity.  We expect clients and students to return this respect.  Any hostile or aggressive words or behaviors toward the owner, agents, tutors, or other staff members of Piñon Tutoring will not be tolerated at any time or in any format.  Such words or behaviors may immediately terminate your account and agreement with Piñon Tutoring LLC, and any relationship with its owner, agents, tutors, or other staff members at our discretion.  Remember that our goal is a common one: to enhance the education of you or your child.  If a problem or concern arises, please contact us!  We are happy to address it and confident we can come to a resolution that is not only amenable to both parties, but also demonstrates constructive problem solving to the children around you.

Contact Piñon Tutoring

To contact Piñon Tutoring, please choose one of the options below:

1) Fill out the contact form near the bottom of the home page at www.pinontutoring.com

2)  Email Piñon Tutoring at seth@pinontutoring.com

3)  Call Piñon Tutoring at 505.65PINON (505.657.4666)

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