Terms of Service

Lex Math Tutor Terms of Service

Lex Math Tutor's Terms of Service agreement outlines the rules and expectations for our tutoring organization and its clients (hereinafter referred to as "you," "client," "parent/guardian," "provider," or "student"). 

• Section 1: Identification and Acceptance

  1. Lex Math Tutor Terms of Service

     • By accessing or using our tutoring services, you agree to be bound by these Terms of Service.

     • Lex Math Tutor (hereinafter referred to as "we," "us," or "our") provides tutoring services (the "Services") subject to the following terms and conditions.

What this means: Section 1 is about agreeing to the terms listed when using our services. When you read "we", "us", or "our" we mean Lex Math Tutor. 

• Section 2: Description of Services

• We offer tutoring services in mathematics and science for elementary through university-level students. Our tutoring sessions are typically 60 minutes long and are conducted in person or online.

  1. Service

     • One-on-one direct tutoring instruction aimed to remediate, accommodate, or differentiate academic instruction for support in mathematics and science courses

     • Clients are expected to arrive at their scheduled sessions with the materials needed for tutoring support. If predetermined, a supplemental curriculum may be provided by us.

  2. Course Exceptions

     • While we attempt to support clients in as many mathematics and science subjects as possible, there are courses that our tutors may feel uncomfortable assisting. While we are up-front about our limitations during the initial consultation, the first session may bring this to light. In this case, the tutor and client will attempt to come to a resolution. 

What this means: Section 2 explains that our services provide academic support to our clients. We expect our clients to come to sessions prepared with their respective math and science materials. We may only be able to tutor select math and science subjects.

Section 3: Fees and Payments

• Our tutoring services start at 60 USD per hour. Payment is due at the end of the Service. We accept cash, Venmo (@LexMathTutor), major debit and credit cards, online payments, and checks.

• Our tutoring services are prorated at the tutors' hourly rate. No package pricing is available.

• An additional fee may be added to sessions that require traveling to client's homes.

• Clients who arrive to scheduled sessions late may need to forfeit their missed time. Clients are expected to pay for the entire time. 

  1. Outstanding Balance Policy

     • Account Balance must be paid in full before scheduling additional sessions. Scheduled sessions that clients with outstanding balances expect will need to pay their accounts in full before starting.

  2. Refund Policy

     • A refund may be issued with the following conditions:

       1. A client requests it within a thirty (30) day notice;

       2. If the service was (1) unable to be performed or (2) part of a resolution between the client and Lex Math Tutor; and

       3. With proof of purchase.

What this means: Section 3 explains that our services are expected to be paid at the end of each session. We accept most forms of payment. If students arrive late, their providers are expected to pay for the full time. Clients may not receive tutoring if their account has an outstanding balance.  Refunds may be granted within a thirty (30) day notice for services not performed or part of a resolution and with proof of purchase.

Section 4: Cancellation and Rescheduling

• Our policies for canceling or rescheduling tutoring sessions.

  1. Cancellation

     • The client is responsible for a 30 USD fee for:

       1. Missing (not showing up to) a scheduled tutoring session; or 

       2. Canceling a scheduled tutoring session with less than two hours' notice.

  2. Rescheduling

     • The client or Lex Math Tutor may reschedule a tutoring session through appropriate and timely correspondence. 

     • A rescheduled session by the client may incur a Cancellation fee of 30 USD, providing less than two (2) hours' notice.

What this means: Section 4 explains that a client's canceled or rescheduled tutoring sessions may incur a fee.

Section 5: Intellectual Property

• All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, related to the tutoring materials, curriculum, website, and all other content provided by Lex Math Tutor are owned exclusively by Lex Math Tutor.

• You may not reproduce, distribute, modify, create derivative works of, publicly display, or in any way exploit any of Lex Math Tutor's intellectual property without our express written consent.

What this means: Section 5 explains that Lex Math Tutor's resources are our property. We do not grant the right to reuse our resources without our written approval.

Section 6: Confidentiality and Privacy Policy

• We value and respect our clients' information. The following personal information is considered confidential and is only shared between the clients and Lex Math Tutor, including COPPA guidelines (COPPA applies for clients under the age of 13):

  1. full name;

  2. home or other physical address, including street name and city or town;

  3. online contact information like an email address or other identifier that permits someone to contact a person directly — for example, an IM identifier, VoIP identifier, or video chat identifier;

  4. screen name or user name where it functions as online contact information;

  5. telephone number;

  6. Social Security number;

  7. a persistent identifier that can be used to recognize a user over time and across different sites, including a cookie number, an IP address, a processor or device serial number, or a unique device identifier;

  8. a photo, video, or audio file containing a child’s image or voice;

  9. geolocation information sufficient to identify a street name and city or town; or

  10. other information about the child or parent is collected from the child and combined with one of these identifiers.

Personal Information Collected 

Types of personal information we collect from clients, either directly or passively, through our online services:

• 11. full name (Used to communicate with and about students);

  12. home or other physical address, including street name and city or town (Used to travel to clients' locations for in-home tutoring services and mailing letters and packages);

  13. online contact information like an email address or other identifier that permits someone to contact a person directly — for example, an IM identifier, VoIP identifier, or video chat identifier (Used to send resources, newsletters, and reminders about sessions);

  14. telephone number (Used to contact clients via call or text; standard text and message data rate may apply);

  15. a photo, video, or audio file containing a child’s image or voice (Used for tutoring training and marketing purposes);

  16. other information about the child or parent that is collected from the client and is combined with one of these identifiers (Used for the benefit of the client before, during, and after a tutoring session);

• We will only disclose personal information collected from kids to third parties with expressed consent from the students' providers.

• We will not require a child to disclose more information than is reasonably necessary to participate in our online or in-person tutoring services.

Parental Rights

• Clients that are parents/guardians of children under the age of 13 utilizing Lex Math Tutor's services have the following rights:

  1. Can review their child’s personal information, direct you to delete it, and refuse to allow any further collection or use of the child’s information;

  2. Can agree to the collection and use of their child’s information but still not allow disclosure to third parties unless that’s part of the service (for example, social networking); and

• The procedures to follow to exercise parent/guardians of children under the age of 13 rights:

  1. Contact Tyler Waters from Lex Math Tutor in-writing by:

     1. Emailing Tyler.Waters@LexMathTutor.com; or 

     2. Writing to Lex Math Tutor 169 E. Reynold Rd. (Suite 204A) Lexington, KY 40517

  2. Include the following information in your correspondence:

     1. Parent/guardian's full name;

     2. Child(ren)'s full name(s);

     3. Notice to review, delete, of refuse further collection of student information; and

     4. Student information of interest

What this means: Section 6 includes the information that we collect and share from our clients. We follow federal and state guidelines to protect our clients' information. For clients under the age of 13 who use our online services, we must follow COPPA. This includes the information we collect, the reason for us to collect it, and the rights of their parents/guardians. Contact us in-writing to review, delete, or refuse further collection of student information.

Section 7: Limitation of Liability

• To the maximum extent permitted by law, Lex Math Tutor shall not be liable for any indirect, incidental, consequential, or punitive injuries or damages arising out of or in connection with the use of our services.

• Our liability for any damages arising out of or in connection with the use of our services shall be limited to the amount paid by you for the tutoring services in the one (1) month preceding the date the claim arose.

• This disclaimer does not affect our liability for death or personal injury caused by our negligence.

• While Lex Math Tutor is equipped to tutor students under the age of majority, ultimately, it is the responsibility of the parent/guardian to maintain the safety of their minor-aged children and pay for any damages incurred by the student. 

What this means: Section 7 explains that we are not responsible for injuries or damages caused by using our services. Should we be found liable for damages, we are limited to the amount paid by the client in the last month. Finally, while we are prepared to work with students of all ages, parents/guardians are responsible for their minor-aged students.

Section 8: Dispute Resolution

• Our goal is to provide our clients with a premier experience. If we did not meet our goal and you want to resolve a dispute, contact Tyler Waters from Lex Math Tutor by:

  1. Emailing Tyler.Waters@LexMathTutor.com; or 

  2. Writing to Lex Math Tutor at 169 E. Reynold Rd. (Suite 204A) Lexington, KY 40517

• Include the following information in your correspondence:

  1. Parent/guardian's full name;

  2. Child(ren)'s full name(s);

  3. Date(s) of service; and

  4. Dispute needing resolution

What this means: Section 8 explains that if you have an issue, contact Tyler Waters in writing via email to Tyler.Waters@LexMathTutor.com or a letter address to Lex Math Tutor at 169 E. Reynolds Rd. (Suite 204A) Lexington, KY 40517, including the clients' names, date or dates of service, and the issue. 

Section 9: Indemnification

• You agree to indemnify, defend, and hold harmless Lex Math Tutor and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services or your violation of these Terms of Service.

What this means: Section 9 explains that Lex Math Tutor and those associated with us are not responsible for compensating our clients for harm or loss, regardless of whether or not you are violating these Terms of Service.

Section 10: Termination

• These Terms of Service shall remain in effect until terminated by either party. You may terminate this agreement at any time by providing 30 days' written notice to Lex Math Tutor at 169 E. Reynold Rd. (Suite 204A) Lexington, KY 40517

• We may terminate this agreement immediately if you breach any of these Terms of Service.

• Upon termination, you must cease all use of the Services.

What this means: Section 10 explains how you may opt out of this agreement by contacting Tyler Waters in writing via email to Tyler.Waters@LexMathTutor.com or a letter addressed to Lex Math Tutor at 169 E. Reynolds Rd. (Suite 204A) Lexington, KY 40517. Also, if you do not follow these Terms of Service, we may terminate this agreement and you must stop using our services.

Section 11: Governing Law

• These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles.

What this means: Section 11 explains that we follow federal, state, and local laws. 

(updated July 2024)