Terms of Use
By accessing or using this website, www.kindredcognition.com (the “Site”), you agree to these Terms of Use (these “Terms”) without limitation or qualification.
1. Acceptance of Terms. These Terms are a legal agreement between you and Trinity Tutoring LLC d/b/a Kindred Cognition (the “Company”). By accessing or using any materials, resources, tools, features, or content on the Site, including any online planner, portal, dashboard, or educational support tool made available through the Site (collectively, the “Content”), you agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from accessing the Site and must discontinue use immediately.
2. Supplemental Terms. Supplemental terms, policies, or documents that may be posted on the Site from time to time are expressly incorporated by reference. Without limitation, separate terms or policies relating to scheduling, cancellations, fees, payments, refunds, tutoring sessions, online tools, planner access, or other services may apply and will be provided at the time of booking, registration, or engagement. Tutoring services may be provided by employees or independent contractors of the Company. The Company is responsible for coordinating services but does not guarantee the availability of any specific tutor or continuity of any particular tutor.
3. Changes to Terms. The Company may change these Terms from time to time in its sole discretion. The last updated date at the end of these Terms indicates when these Terms were last revised. If the Company makes material changes, the Company may provide additional notice, for example, by posting a prominent notice on the Site or by email if an email address is associated with your account. Unless otherwise stated, revised Terms are effective when posted and apply on a prospective basis. Your continued use of the Site after revised Terms are effective constitutes your acceptance of the revised Terms.
4. Eligibility and Use by Minors. The Site is intended for use by parents, guardians, students, and other individuals interested in the Company’s educational services. If you are under the age of 18, you may use the Site and any educational tools, resources, planner features, or services made available through the Site only with the involvement and consent of a parent or legal guardian. By permitting a minor to use the Site, the parent or legal guardian agrees to these Terms on behalf of the minor and accepts responsibility for the minor’s use of the Site.
If a user is under the age of 13, use of the Site and any related services may be subject to additional consent, verification, or access requirements under applicable law and the Company’s Privacy Policy. The Company reserves the right to restrict or deny access to any user if required consent has not been obtained or if the Company determines that such access is not appropriate under applicable law or Company policy.
5. Permitted Use and Restrictions. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates applicable law, exploits or harms others, transmits unauthorized advertising or promotional material, impersonates any person or entity, restricts others’ use or enjoyment of the Site, introduces malicious code, or attempts unauthorized access to the Site or related systems, including use of any automated system to access the Site.
For in-person tutoring sessions, you acknowledge and agree that the Company is not responsible for the supervision of students outside the scheduled session time. Responsibility for supervision of minors before and after sessions, and during sessions except to the extent of the tutor’s instructional interaction, remains with the parent, guardian, or responsible adult, unless expressly agreed otherwise in writing. You further agree that students will conduct themselves in a respectful and appropriate manner during all tutoring sessions, and the Company reserves the right to suspend or terminate services for inappropriate or disruptive behavior.
6. Student Planner and Educational Tools. The Site may provide access to online planning, scheduling, productivity, academic tracking, or other educational support tools. Such tools are provided for informational, organizational, and educational support purposes only. The Company does not guarantee that use of any planner, tracker, recommendation, reminder, schedule, or educational tool will result in any particular academic, organizational, personal, or performance outcome.
Users remain responsible for independently verifying deadlines, assignments, schedules, appointments, academic requirements, and other information entered into or generated through any planner or educational tool. Information displayed within any planner, scheduling tool, or educational platform may be based on information provided by users. The Company does not warrant the completeness or accuracy of such information and is not responsible for errors, omissions, missed deadlines, missed appointments, or other consequences arising from reliance on user-provided information.
7. Accounts and Access. Certain portions of the Site or related services may require account registration or login credentials. You agree to provide accurate, current, and complete information and to maintain the confidentiality of any account credentials. You are responsible for all activity occurring under your account or under any account used by a minor for whom you are a parent or legal guardian.
The Company reserves the right to suspend, disable, or delete user accounts, planner access, stored content, or other access credentials for violations of these Terms, security concerns, inactivity, operational reasons, or as otherwise permitted by law.
8. Termination and Access Restrictions. The Company may terminate, suspend, or restrict your access to all or part of the Site at any time, without notice or liability, for any reason, including violation of these Terms. This includes the right to remove any content and to take technical or legal measures to prevent further access to the Site.
9. User Submissions. Information or materials you submit through the Site, including through contact forms, intake forms, planner entries, account features, email links, or other communications (“Submissions”), are non-confidential and non-proprietary unless expressly agreed otherwise in writing or unless treated differently under the Company’s Privacy Policy or applicable law. You represent and warrant that you have the right to provide Submissions and that Submissions do not violate applicable law or third-party rights.
You grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, and display Submissions solely to operate, maintain, provide, and improve the Site, planner, tutoring services, and related educational services, and to communicate with you. You agree not to submit any information that is unlawful, defamatory, obscene, or otherwise objectionable.
10. Disclaimer of Warranties. To the fullest extent permissible under applicable law, the Site and Content are provided as is and without warranties of any kind, express or implied. The Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site, Content, planner, educational tools, or related services will be accurate, reliable, available, uninterrupted, secure, or error-free.
The Company provides tutoring and educational support services only and does not guarantee any specific academic results. Without limitation, the Company makes no representations or warranties regarding improved grades, test scores, academic performance, executive functioning, organizational skills, college admissions outcomes, or any other educational or personal outcome. Any results achieved by students will vary based on numerous factors outside the Company’s control. The Company is not an accredited educational institution and does not provide formal instruction, certification, or academic credit. All services are intended as supplemental educational assistance only.
11. Third-Party Links and Platforms. The Site may link to third-party websites not maintained by the Company. The Company is not responsible for third-party content, and links do not imply endorsement.
Tutoring sessions, scheduling, payments, communications, or planner functionality may be conducted through online or third-party platforms. The Company is not responsible for interruptions, delays, errors, failures in performance, privacy practices, or other acts or omissions of third-party platforms, service providers, websites, or tools.
12. Limitation of Liability. To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, or its or their service providers, employees, agents, officers, or directors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of revenue, profits, data, business opportunities, academic opportunities, educational outcomes, or other losses, arising out of or related to your use of, or inability to use, the Site, Content, planner, tutoring services, or related services.
Nothing in these Terms is intended to exclude or limit liability to the extent such liability cannot be excluded or limited under applicable law, including liability for willful misconduct or gross negligence. The parties intend this limitation of liability to allocate the risk of loss between them to the fullest extent permitted by law, and the parties agree that this limitation is an essential basis of the bargain. In no event shall the Company’s total liability to you exceed the amount paid by you, if any, to the Company for use of the Site.
13. Intellectual Property Rights. All Content on the Site is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may access and use the Content for personal, non-commercial use only, and you may not distribute, modify, transmit, reuse, repost, or use the Content for public or commercial purposes without the Company’s prior written permission.
14. Site Modifications and Availability. The Company may change, modify, or remove Site Content, planner features, educational tools, or other services at any time without notice. The Company does not guarantee continuous availability of the Site, planner, or related services and is not liable for interruptions, delays, or errors. Tutoring sessions may be conducted through online or third-party platforms, and the Company is not responsible for interruptions, delays, or failures in performance caused by internet connectivity issues, equipment failures, or the performance of third-party platforms or services used to facilitate such sessions.
15. Accessibility. The Company will make reasonable efforts to ensure the Site is accessible. If you have difficulty accessing any part of the Site, contact [email protected].
16. Accuracy of Information. The Company uses reasonable efforts to include accurate and up-to-date information, but errors or omissions may occur. The Company is not liable for loss or damage arising from reliance on Site information, planner information, educational content, schedules, reminders, or user-submitted information. You agree that any reliance on such information is at your own risk.
17. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, employees, and agents from and against losses, damages, liabilities, claims, demands, and reasonable attorneys’ fees and expenses arising out of your use of the Site, your use of any planner or educational tool, your breach of these Terms, your violation of third-party rights, or your conduct in connection with tutoring services, to the fullest extent permitted by applicable law.
18. Force Majeure. The Company is not liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, telecommunications or internet interruptions, platform outages, power failures, or governmental actions.
19. Governing Law; Exclusive Forum and Venue. These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provision that would cause the application of the laws of any other jurisdiction. You agree that any dispute arising out of or relating to the Site or these Terms will be brought exclusively in the state and federal courts located in Nassau County, New York, and you consent to the personal jurisdiction of such courts. You waive any objection to venue in such courts, including any claim that such forum is inconvenient.
20. Limitation on Time to File Claims; Class Action Waiver. Any claim or cause of action arising out of or related to your use of the Site or these Terms must be commenced within one (1) year after the cause of action accrues, or such claim or cause of action is permanently barred.
To the fullest extent permitted by applicable law, you and the Company agree that any dispute, claim, or cause of action arising out of or relating to your use of the Site or these Terms shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and the Company expressly waive any right to maintain any class action, collective action, or any other representative proceeding against the other, whether in court, arbitration, or other proceeding. The parties further agree that any claims will be heard and resolved only on an individual basis, and that a court shall not consolidate the claims of multiple parties or otherwise preside over any form of a class action, collective action, or any other representative proceeding. If this class action waiver is found to be unenforceable or invalid with respect to a particular claim or request for relief, then such claim or request for relief shall proceed on an individual basis to the fullest extent permitted by law, and the remainder of this waiver shall remain in full force and effect.
21. General Terms. These Terms constitute the entire agreement between you and the Company with respect to the Site and Content and supersede all prior or contemporaneous communications and proposals relating to the subject matter. These Terms do not supersede any separate written agreement for tutoring services, scheduling, payment, or other services unless expressly stated in that agreement. If any provision is found invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. No waiver by the Company of any term or condition is a continuing waiver or a waiver of any other term or condition.
22. Privacy Policy. Please review the Company’s Privacy Policy at kindredcognition.com/privacy-policy, which is incorporated into these Terms by reference. By using the Site, you agree to be bound by the Privacy Policy.
23. Electronic Communications. By using the Site or communicating with the Company electronically, you consent to receive communications electronically and agree that electronic communications satisfy legal requirements that such communications be in writing.
24. Contact Information. If you have questions regarding these Terms, contact:
Trinity Tutoring LLC d/b/a Kindred Cognition
316 Redan Dr
Savannah, GA 31410
[email protected]