Terms and Conditions

These Terms and Conditions (“Terms”) are a legal agreement between you and Varsity Tutors LLC, a Nerdy company (“Nerdy,” “we,” “us” or “our”). They apply when you use Nerdy’s AP courses and everything that comes with them: the websites at nerdy.com/ap, our apps, films, practice questions, study materials, live and on-demand sessions, AI features, and any other service that links to these Terms (together, the “Service”).

By using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service. Our Privacy Policy explains how we handle personal information, and it is part of these Terms.

1Who can use the Service

You may use the Service if you can form a binding contract, or if you are a minor and a parent or legal guardian agrees to these Terms for you.

• Adults. If you have reached the age of majority where you live, or you are an emancipated minor, you can agree to these Terms yourself.
• Minors. If you are under the age of majority where you live (18 in most U.S. states), you need permission from a parent or legal guardian to use the Service. Your parent or guardian should read these Terms with you. By allowing you to use the Service, they agree to these Terms for you and are responsible for your use of it, including any purchases.
• Children under 13. The parts of the Service that need an account are not directed at children under 13, and children under 13 may not create an account themselves. A parent or guardian, or a school that has agreed to provide the Service, may set up access for a child under 13 as described in our Privacy Policy. Free materials that don’t need an account may be used by anyone.
• Schools and organizations. If you use the Service on behalf of a school, district or other organization, you confirm that you are authorized to bind it to these Terms, and “you” includes that organization. A separate agreement with your organization may add to or change these Terms for its users. If it conflicts with these Terms, that agreement controls.

You also confirm that the information you give us is true, accurate and complete, that you will keep it up to date, and that your use of the Service won’t break any law or any other agreement you are bound by.

2Your account

Some features need an account. You can create one and sign in with your email address (for example, through a one-time sign-in link or code), and we may also let you sign in through a third party such as Google or Apple, or through your school. When you sign in through a third party, that company’s terms and privacy policy also apply to how you use its sign-in, and it shares some information with us as described in our Privacy Policy.

You are responsible for:

• keeping your sign-in details, devices and email account secure;
• everything that happens under your account; and
• telling us right away at terms@varsitytutors.com if you think someone else has used your account or learned your sign-in details.

An account is for one person. Don’t share it, sell it or let anyone else use it. If you buy access for someone else, such as your child, the access belongs to that person’s account.

While we use commercially reasonable measures to protect your information, sending data over the internet always carries some risk, and no system is completely secure.

3Using the Service

Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial learning. If your school or organization provides the Service, you may use it for the purposes it was provided for. We reserve all rights we don’t expressly grant.

You are responsible for the devices, software, internet access and anything else you need to use the Service, and for any fees your provider charges for them.

The Service changes over time. We may add, change, suspend or stop any part of it, including courses, films, features, practice materials and free offerings. We may also limit how much of the Service you can use or when it is available. Some features may be labeled preview, beta or early access. They may not work as well as the rest of the Service, and we may change or remove them at any time.

4Schools, tutors and instructors

Parts of the Service may be offered through schools and districts, or include live or recorded classes, tutoring or feedback from tutors, instructors and other educators (“Instructors”). Instructors may be independent contractors rather than our employees, and they have their own teaching styles and methods. Your school decides how it uses the Service with its students, and its own policies also apply to you.

5Messages from us

Account and service messages

When you create an account or use the Service, we send you messages about your account and the Service, such as sign-in links, receipts, renewal reminders, security alerts, changes to these Terms and answers to your questions. These account and service messages are part of the Service, and you can’t opt out of them while you have an account.

We may also send you news about the Service, study tips, reminders and offers by email, push notification or in-app message. You can opt out of these at any time (see “How to stop messages” below).

Texts and calls

This part of Section 5 applies to you only if you have given us your express agreement to it, by giving us your phone number and checking a box or tapping a button that says you agree to receive texts or calls from us or that you agree to these Terms.

If you have given that agreement, you agree that we, and others acting for us, may contact you at the phone number you give us by text message (SMS or MMS) and by phone call, including with automated technology and prerecorded or artificial voice messages, to the extent the law allows. These messages may be about your account and the Service, and they may also be marketing messages about our products and services.

• Agreeing to receive marketing texts or calls is not a condition of buying anything.
• How often we send messages depends on how you use the Service and the programs you join.
• Message and data rates may apply. We don’t charge for texts, but your mobile carrier may, and you are responsible for those charges.
• Reply STOP to any text to stop receiving texts from that number, or tell us by any other reasonable means, such as by email to dnc@varsitytutors.com. Reply HELP for help.
• Carriers are not responsible for delayed or undelivered messages.

If you give us a phone number that isn’t yours, or the number stops being yours, tell us right away at dnc@varsitytutors.com. You agree to indemnify us (see Section 15) against claims that come from your giving us a phone number that isn’t yours or that you aren’t authorized to use. We may treat a phone number that doesn’t work as a withdrawal of your agreement to receive texts.

How to stop messages

• Email: use the unsubscribe link in any marketing email.
• Texts: reply STOP to the text.
• Calls: follow the opt-out prompt during the call, or text STOPCALL to the number that called you.
• Push notifications: turn them off in your device settings or in the app.
• Do Not Call requests: email dnc@varsitytutors.com.
• Anything else: write to Varsity Tutors LLC, Attn: Legal Department, 8001 Forsyth Blvd., Suite 1050, St. Louis, MO 63105, or contact us as Section 23 describes.

We don’t charge a fee to process your request, and it may take us a reasonable amount of time to process it. Opting out of marketing doesn’t stop account and service messages.

Electronic records and signatures

You agree that we may give you agreements, notices and other records electronically, and that clicking or tapping “I agree,” “Submit,” “Sign in” or a similar button is your electronic signature. If we send you a message and you don’t receive it because the email address or phone number on file is wrong, out of date or blocked, we will still have provided it. If you want a paper copy of an agreement or record we gave you electronically, write to us at the address in Section 23 within 30 days of receiving it, and we will send one at no charge.

6Prices, payments and refunds

Some of the Service is free, and some of it may require payment, such as a subscription, a course, a class, tutoring or other paid features. We (or our partners) set the prices, and we show them to you before you buy.

• Payment. You authorize us, our partners and our payment processors to charge the payment method you give us for everything you buy, including any taxes. If you buy through an app store, such as Apple’s App Store or Google Play, the app store charges you under its own terms, and its refund rules apply.
• Your payment method. You confirm that you are authorized to use the payment method you give us. If a payment fails, we may try it again, ask you to update it, or pause or end paid access. Your bank may place a temporary hold on the amount of an attempted charge, even if it is declined.
• Currency and taxes. Unless we say otherwise, prices and charges are in U.S. dollars. Taxes are added where they apply. Currency exchange and foreign transaction fees depend on your agreement with your payment provider.
• Refunds. Except where the law requires otherwise, or where these Terms or the offer say otherwise (for example, you can cancel a subscription’s renewal under Section 7), all fees are non-refundable and purchases can’t be canceled once made. We may refuse or cancel any order or attempted purchase.

7Subscriptions, renewals, free trials and promotions

• Automatic renewal. If you buy a subscription, it renews automatically at the end of each billing period (for example, monthly or yearly) for the same length of time, and we charge your payment method at the start of each new period, until you cancel. We tell you the price, the billing period and how to cancel before you subscribe.
• Cancelling. You can cancel at any time in your account settings, through the app store you subscribed through, or by contacting us. Cancelling stops future renewals. Your paid access continues until the end of the period you have already paid for, and you won’t be charged again.
• Price changes. We may change subscription prices. If we do, we will tell you before the change applies to you, and the new price applies from your next renewal. If you don’t want to pay the new price, cancel before your next renewal.
• Free trials. A free trial lets you use paid features for a limited time. Unless you cancel before the trial ends, your paid subscription starts when the trial ends, and we charge your payment method. We may limit trials to one per person or household.
• Promotions and codes. Discounts, promotional codes, gift codes and special offers have the terms shown with them. Unless those terms say otherwise, they can’t be exchanged for cash, can’t be combined with other offers, may expire, and may be used only once. We may cancel a code or offer used in a way that breaks its terms or these Terms.

8Live and recorded sessions

The Service may include live classes, tutoring sessions, office hours and other sessions held over video, audio or chat, and recordings of them.

• Recording. Sessions may be recorded, including audio, video, screen sharing, chat and any transcript. We tell you when a session is being recorded. We use recordings to provide the Service (for example, so you can watch a class again), to support quality, safety and the professional development of Instructors, to improve the Service, and as our Privacy Policy describes.
• Your consent. By joining a session that is being recorded, you agree to be recorded. If you don’t want your camera or voice recorded, you can keep your camera and microphone off and use chat where the session allows it.
• Conduct. Be respectful. Don’t record, photograph, screenshot or share a session or anyone in it unless we allow it, and don’t share links or codes that give access to a session. Follow the rules in Sections 11 and 12, and any rules the Instructor gives. We may remove anyone from a session.
• Privacy. Don’t share personal contact details, such as your home address or phone number, with other participants or Instructors in a session, and tell us if anyone asks you for them or asks to meet outside the Service.

9AI features

The Service uses artificial intelligence (“AI”) and other automated tools. Some features are powered by AI, such as AI tutors and study helpers, chat, explanations, feedback on your answers and writing, summaries, practice questions and recommendations. We may also use AI and automated tools to support the Service in other ways, such as user support, and some of our films and materials include images, video, music or voices made or edited with AI tools.

When you use AI features:

• Check AI output. It can be wrong, incomplete or out of date, even when it sounds confident, and it may not match how your teacher or the exam scores an answer. Don’t rely on it as your only source, and check important facts.
• AI features may work without a person reviewing each response. People on our team or working for us may review inputs and outputs to improve quality and keep the Service safe, as our Privacy Policy describes.
• What you share. Don’t enter sensitive personal information, such as health details, government ID numbers or passwords, or other people’s personal information, into an AI feature.
• How we use your inputs. We use what you enter into AI features, and what they produce, to provide the feature to you and to maintain and improve the Service, including the AI models that power it, as described in our Privacy Policy.
• Your responsibility. Use AI features for learning, in line with Section 11. Don’t use them to break the law, harm anyone, or get around the rules in Section 12.

AI-made or AI-edited media in our films and materials is used to bring history and other subjects to life. Where a scene is a dramatization or reconstruction rather than a historical record, we aim to say so in the film or its materials.

10Your content

“Your content” means anything you submit, upload, write, record or post through the Service, such as answers, essays, notes, questions, chat messages, prompts to AI features, files, images, and your voice and image in recorded sessions.

• You keep ownership of your content, to the extent you own it.
• The license you give us. You give us and the companies that work for us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, host, store, copy, reproduce, process, adapt, modify, display and distribute your content to operate, provide, secure and improve the Service, including to develop new features and train and improve the models behind our AI features, as our Privacy Policy describes. This license lasts as long as we hold your content and for any copies kept under our Privacy Policy. It also lets other users see content you choose to share with them.
• Feedback. If you send us ideas, suggestions or feedback about the Service, we may use them for any purpose without paying you or owing you anything.
• Your promises. You confirm that you have the rights you need to submit your content and grant this license, that your content doesn’t infringe anyone’s intellectual property, privacy or publicity rights, and that it doesn’t include other people’s personal information without their permission.
• Our role. We don’t endorse your content and aren’t responsible for it. We don’t have to review it, but we may monitor, edit, restrict or remove content at any time, for any reason, including if we think it breaks these Terms.
• Backups. The Service is not a backup service. Keep your own copies of anything important. We aren’t responsible for lost content.

11Academic integrity

The Service is there to help you learn, not to do your work for you. Use it for practice, review, homework help and any other honest purpose, and follow your school’s academic integrity rules, which apply to you whenever you use the Service for schoolwork.

• Don’t use the Service, including its AI features, to cheat, to copy answers you don’t understand, or to hand in work as your own that isn’t.
• Don’t use it during a test or exam unless your teacher or the exam rules allow it.
• Instructors should not complete assignments or take tests for students, or help anyone cheat.

If we learn that someone has used the Service to cheat, we may limit or end that person’s access.

12Rules of conduct

When you use the Service, follow the law and these Terms, and don’t do anything illegal or harmful to others. In particular, don’t:

• harass, bully, threaten, stalk, defame or abuse anyone, or invade anyone’s privacy;
• post or send anything unlawful, hateful, sexually explicit, violent, obscene or otherwise objectionable;
• infringe anyone’s copyright, trademark or other rights, or upload material you don’t have the right to share;
• impersonate anyone, or misrepresent who you are or your connection to anyone;
• commit fraud, or misuse promotions, free trials or refunds;
• collect, harvest or store personal information about other users;
• upload viruses or other harmful code, or interfere with, overload or disrupt the Service or the systems that run it;
• get into, or try to get into, accounts, systems or data you aren’t allowed to access, or get around any security, access control, payment or usage limit;
• copy, scrape, crawl or download the Service or its content with bots, scrapers or other automated means, except as a search engine indexing pages we make public;
• use the Service or its content to develop, train, fine-tune, test or improve any AI or machine learning system, or to build a competing product or gather competitive intelligence;
• copy, modify, reverse engineer, decompile, disassemble or create derivative works from the Service, except where the law allows it despite this rule;
• frame or mirror the Service, or make it look like it comes from someone else; or
• sell, resell, rent or share access to the Service, or use it for any commercial purpose we haven’t approved.

You are responsible for what you do on the Service. We may investigate breaks of these rules and work with law enforcement where appropriate.

13Our content, trademarks and other services

Our content

The Service and everything in it, including films, videos, images, audio, text, questions, explanations, study guides, PDFs, software, designs, logos and the way it all fits together (“our content”), is owned by Nerdy or its licensors and is protected by copyright, trademark and other laws.

You may view and download our content only for your own personal, non-commercial learning, or as we expressly allow. Unless we give you written permission, don’t copy, reproduce, distribute (including by email or other electronic means), publish, modify, sell or transmit our content, post it on another website or network, or create works based on it, whether or not you charge for them. You’re welcome to link to our pages. You may print our study materials for your own study. To ask for permission, write to us at the address in Section 23. We don’t promise that your use of our content won’t infringe the rights of others.

Trademarks

The Nerdy and Varsity Tutors names and logos, and our other trademarks, belong to us or our affiliates. Other trademarks in the Service belong to their owners.

AP® is a registered trademark of the College Board, which is not affiliated with Nerdy and was not involved in the production of, and does not endorse, this product or website. Other exam names and marks belong to their owners, who don’t endorse the Service unless they say so.

Historical and source material

Our courses use historical documents, images and quotations, which may contain language and views that are offensive today. We include them to teach the past accurately, not to endorse them. Third-party material is used under license, under fair use, or because it is in the public domain.

Other websites and services

The Service may link to, or work with, other websites, apps and services that we don’t control, such as sign-in providers, app stores, payment processors, video platforms and sources we cite. We aren’t responsible for their content, products, policies or practices, and a link isn’t an endorsement. When you leave the Service, the other site’s terms and privacy policy apply. You use them at your own risk, and we aren’t liable for any loss caused by your use of them.

Apps from app stores

If you download one of our apps from an app store, these Terms are between you and us, not the app store. The app store has no obligation to provide support for the app. If the app fails to meet a warranty that applies to it, you can tell the app store, which may refund the purchase price of the app, if any, and to the extent the law allows, the app store has no other warranty obligation. The app store isn’t responsible for claims about the app, such as product liability, legal compliance or intellectual property claims. Apple and its subsidiaries, or Google, as the case may be, are third-party beneficiaries of this paragraph and may enforce it against you. You must also follow the app store’s usage rules.

14Disclaimers

We work hard to make our content accurate, but we don’t guarantee that it is accurate, complete, current or reliable, or that it meets your expectations. You are responsible for evaluating information on the Service, including content from AI features, Instructors and other users, before relying on it. Anything you download or get through the Service is at your own risk, and you are responsible for any damage to your device or loss of data that results.

We don’t guarantee any particular result from using the Service, including any AP exam score, grade, college credit, placement or admission. Results depend on each student and on things outside our control.

Some places don’t allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15Limitation of liability and indemnity

Some places don’t allow these limits or exclusions, so some of them may not apply to you. Nothing in these Terms limits liability that the law doesn’t allow to be limited.

If you are an adult, you agree to defend, indemnify and hold harmless (that is, to cover the costs of) Nerdy and its affiliates, and their officers, directors, employees and agents, from any claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) that come from your content, your misuse of the Service, or your breaking these Terms or the law. If you agree to these Terms for a child, this applies to the child’s use too.

16Disputes and arbitration

Agreement to arbitrate

You and Nerdy agree to resolve any dispute or claim between us by binding arbitration on an individual basis, instead of in court before a judge or jury, except as this section says otherwise. This covers any dispute or claim arising out of or relating to these Terms (including earlier versions, and their breach, termination, enforcement, interpretation or validity), the Service, any purchase, payment or promotion, our communications with you, or your relationship with us, whether based on past, present or future events, and whether based in contract, tort, statute (including consumer protection laws and the Telephone Consumer Protection Act), fraud or any other legal theory. It also covers claims against our affiliates, parents, subsidiaries, successors and assigns, and their officers, directors, employees and agents. The arbitrator decides any dispute about whether a claim must be arbitrated, except as this section says otherwise. The Federal Arbitration Act governs this section, and it continues to apply after these Terms end or you stop using the Service.

Individual claims only

You and Nerdy may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may award relief only on an individual basis and may not combine more than one person’s claims or preside over any class, collective or representative proceeding. Only a court, not an arbitrator, may decide disputes about the scope, applicability, enforceability or validity of this class action waiver. If a court finally decides that this waiver can’t be enforced for a claim filed as a class, collective or representative action, that claim must be decided by a court, and this waiver still applies in individual arbitration to all other claims as fully as possible.

Try to resolve it first

Before starting arbitration or any other proceeding, you and Nerdy may agree to first try to resolve the dispute informally for 30 days (or longer, if we both agree). The party that wants to do this sends the other a written notice that describes the dispute and the relief it wants: to us at the address in Section 23, and to you at the email address on your account. Offers, promises, conduct and statements made in these negotiations are confidential and can’t be used as evidence in arbitration or any other proceeding, although evidence that is otherwise admissible or discoverable doesn’t become inadmissible because it was used in negotiation.

How arbitration works

The American Arbitration Association (“AAA”) runs the arbitration under its Consumer Arbitration Rules in effect when the arbitration starts, as changed by this section. The rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you ask, and the facts and claims make it appropriate, the arbitrator may choose a different set of AAA rules, but may never combine more than one person’s claims or preside over a representative, collective or class proceeding.

• Both sides get reasonable discovery of non-privileged information that is relevant to the claim.
• The arbitrator applies the law, honors legal privileges, may award any individual remedy a court could award, and may award declaratory or injunctive relief only in favor of the individual party seeking it and only as far as needed for that party’s claim.
• The arbitrator gives a reasoned written decision explaining the award and the findings and conclusions it rests on. The award is final and binding, and any court with jurisdiction may enter judgment on it, although any award may be challenged in a court of competent jurisdiction.
• Unless we agree otherwise, hearings take place in the county of your billing address (or, if you have none, the county where you live), or the nearest available AAA location. If your claim is for $10,000 or less, you may choose whether the arbitration is decided on documents alone, through a phone hearing or at an in-person hearing under the AAA rules. If your claim is for more than $10,000, the AAA rules decide whether you get a hearing.

Fees

AAA rules govern the filing and arbitration fees, with these changes:

• If you start arbitration after trying the informal resolution process above and must pay a filing fee, then unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and once you send us proof of payment, we will promptly reimburse you for all but $50 of the filing fee. If the arbitrator finds your claim, or the relief you ask for, frivolous or brought for an improper purpose (under the standards of Federal Rule of Civil Procedure 11(b)), the AAA rules govern all fees.
• If we start arbitration, we pay all AAA filing and arbitration fees.
• Except as provided by Federal Rule of Civil Procedure 68 or a state equivalent, each side pays its own attorneys’ fees and the costs it would also have in court, such as subpoenas, depositions and copies.
• If you win, the arbitrator may award you reasonable arbitration fees and costs where the law allows.
• Even if the law would let us recover our attorneys’ fees and expenses when we win, we won’t ask for them.
• If you tried the informal resolution process in good faith and the arbitrator awards you more than our last written settlement offer, we will pay you the award or $1,000, whichever is greater.

What isn’t covered

This section doesn’t require arbitration of: (1) individual claims in small claims court that are within that court’s jurisdiction; or (2) claims that can’t be arbitrated as a matter of law. Nothing in this section stops you from reporting a concern to, or filing a claim or charge with, a local, state or federal agency, or taking part in a government investigation.

Opting out

You can opt out of this agreement to arbitrate by sending us a dated and signed written notice within 30 days of the date you first agreed to these Terms, either by email to corporate@varsitytutors.com, or by certified mail (return receipt requested) or a nationally recognized delivery service to: Varsity Tutors LLC, Attn: Legal Department, 8001 Forsyth Blvd., Suite 1050, St. Louis, MO 63105. The notice must clearly say that you want to opt out of arbitration and include the name, phone number and email address associated with your account. If you don’t opt out within 30 days, you and Nerdy are bound by this section. Opting out won’t affect anything else in these Terms, and we won’t treat you differently for asserting claims or opting out. You may talk to a lawyer of your choice about this section.

If part of this section can’t be enforced

If any part of this section is found illegal or unenforceable, that part is removed and the rest of this section stays in effect, except as the class action waiver above says.

17Governing law and courts

Except as Section 16 provides, Missouri law governs these Terms, without regard to its conflict of laws rules. Any lawsuit about the Service or these Terms that isn’t arbitrated must be brought in a federal or state court located in or serving St. Louis County, Missouri, and you and Nerdy consent to the jurisdiction and venue of those courts and waive any objection that they are an inconvenient forum.

18Changes to these Terms

We may change these Terms from time to time, for example when we add features or the law changes. When we do, we update the “Last updated” date at the top. If a change is significant, we may also tell you about it in advance, such as by email or in the Service. If you keep using the Service after a change takes effect, you agree to the changed Terms. If you don’t agree, stop using the Service.

Changes to Section 5 (texts and calls) or Section 16 (disputes and arbitration) bind you only if you give your express agreement to the changed version.

19Ending your use of the Service

You can stop using the Service at any time. To close your account, use your account settings where available, or contact us. If you have a subscription, cancel it as Section 7 describes.

We may suspend or end your access to the Service, or remove your content, without prior notice if we believe you have broken these Terms or the law, or to protect the Service, our users or others. We may also end these Terms for any other reason with 10 days’ notice to you. We aren’t liable to you or anyone else for suspending or ending access. Except where the law requires otherwise, ending your access doesn’t entitle you to a refund. When these Terms end, your right to use the Service ends, but sections that by their nature should continue (including Sections 5, 6, 10, and 13 to 23) continue.

20Copyright complaints

We respect the intellectual property of others and ask our users to do the same. If you believe material on the Service infringes your copyright, send our copyright agent a notice with:

• your physical or electronic signature, or that of the person authorized to act for the copyright owner;
• a description of the copyrighted work you say has been infringed;
• a description of where the material is on the Service, detailed enough for us to find it;
• your address, phone number and email address;
• a statement that you believe in good faith that the use isn’t authorized by the copyright owner, its agent or the law; and
• a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

Send notices by email to corporate@varsitytutors.com or by mail to Nerdy Inc., Attn: Copyright Agent, 8001 Forsyth Blvd., Suite 1050, St. Louis, MO 63105. A notice that doesn’t include all of this information may not be valid.

If you believe content you posted was removed or disabled by mistake or misidentification, you may send the copyright agent a counter-notice with:

• your physical or electronic signature;
• a description of the content that was removed or disabled and where it appeared before;
• a statement, made under penalty of perjury, that you believe in good faith that the content was removed or disabled by mistake or misidentification; and
• your name, address, phone number and email address, a statement that you consent to the jurisdiction of the federal court for the Eastern District of Missouri, and a statement that you will accept service of process from the person who sent the original notice.

If we receive a counter-notice, we may send a copy to the person who sent the original notice and tell them that we may restore the content in 10 business days. Unless they file an action seeking a court order against you, we may restore the content 10 to 14 business days or more after we receive the counter-notice, at our discretion.

We end, in appropriate circumstances, the accounts of users who repeatedly infringe or are repeatedly charged with infringement.

21Accessibility

We want the Service to be usable by everyone, including people with disabilities, and we work toward the Web Content Accessibility Guidelines (WCAG) 2.1, Levels A and AA. This work is ongoing. If something in the Service is hard for you to use, or you need this page or another document in a different format, email accessibility@varsitytutors.com and we would be happy to help.

22Other terms

• Entire agreement. These Terms, our Privacy Policy and any additional terms shown to you for a particular feature, purchase or program are the whole agreement between you and us about the Service. If additional terms conflict with these Terms, the additional terms control for that feature, purchase or program.
• Assignment. You may not transfer these Terms or your account to anyone else without our written permission. We may transfer these Terms, for example to an affiliate or as part of a merger, acquisition or sale of assets.
• Severability. If a court finds part of these Terms unenforceable, that part is enforced as far as the law allows and the rest stays in effect, except as Section 16 says.
• No waiver. If we don’t enforce part of these Terms, we haven’t given up the right to enforce it later.
• Events outside our control. We aren’t responsible for delays or failures caused by events outside our reasonable control.
• No third-party beneficiaries. Except as Sections 13, 15 and 16 say, these Terms don’t give rights to anyone else.
• Language. These Terms are written in U.S. English. If a translation conflicts with the English version, the English version controls.

23Contact us

If you have questions about these Terms, email terms@varsitytutors.com or write to:

Varsity Tutors LLC
Attn: Legal Department
8001 Forsyth Blvd., Suite 1050
St. Louis, MO 63105