TERMS OF USE AGREEMENT

Knowledge Headquarters, Inc. ("Knowledge HQ") provides the e-tutor.com World Wide Web site for your educational and informational purposes. Please feel free to browse.

Your access to and use of e-tutor.com (excluding access to lessonpro.net, which has a separate Terms of Use Agreement) is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using e-tutor.com, you accept, without limitation or qualification, these Terms of Use.

1. ACCESS TO e-tutor.com. Knowledge HQ grants you a limited non-transferable right to access the non-subscription area of e-tutor.com at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing e-tutor.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing e-tutor.com, and Knowledge HQ shall not be responsible for any of these things.

2. SOFTWARE. Any program accessible from e-tutor.com or any software available for download from e-tutor.com is owned by Knowledge Headquarters, Inc. or other third party provider, and all copyright rights therein are reserved. You agree that you will not download, copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.

3. CONTENT. You agree to access and use e-tutor.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of e-tutor.com, including any Interactive Area. By accessing e-tutor.com you agree that you will not: (i) post or use e-tutor.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access e-tutor.com; (iv) disrupt the normal flow of communication in any Interactive Area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, servicemark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on Knowledge HQ's behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify Knowledge HQ for any knowing or unknowing breach of this paragraph 3.

4. TERMINATION. The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of Knowledge HQ in operating e-tutor.com or any Content, is for you to discontinue accessing e-tutor.com. Knowledge HQ, in its sole discretion, may terminate or temporarily suspend your access to all or any part of e-tutor.com, without notice, for conduct that Knowledge HQ believes is a violation of this Agreement or any policies or guidelines posted by e-Tutor, or for other conduct which Knowledge HQ, in its sole discretion, believes is harmful to other users. Knowledge HQ may discontinue operating e-tutor.com and terminate this Agreement without notice at any time for any reason in its sole discretion.

5. DISCLAIMER OF WARRANTY (THIS PARAGRAPH 5. APPLIES IN ALL STATES AND JURISDICTIONS IN WHICH SUCH TERMS ARE VALID AND ENFORCEABLE). E-TUTOR IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN INTERACTIVE AREAS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INTERACTIVE AREAS FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.

YOU AGREE THAT YOUR USE OF e-tutor.com, INCLUDING ANY INTERACTIVE AREA, IS AT YOUR OWN RISK. NEITHER KNOWLEDGE HQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT e-tutor.com WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF e-tutor.com OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF e-tutor.com.

e-tutor.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL KNOWLEDGE HQ OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF KNOWLEDGE HQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE e-tutor.com, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KNOWLEDGE HQ'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES KNOWLEDGE HQ'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED IN THIS SECTION.

6. LINKS. Some links on e-tutor.com lead to sites posted by independent site owners. e-tutor.com does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between e-tutor.com and the linked sites. Knowledge HQ is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. Knowledge Headquarters, Inc. shall not be responsible for the actions of the respective owners of these other sites.

For any interested party, Knowledge HQ grants the right to create links to e-tutor.com's home page, but only its home page, if such link(s) uses e-Tutor's trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.

TRADEMARK AND LOGO POLICY. e-Tutor's trademarks and logos are the property of Knowledge Headquarters, Inc. License for their use is granted for the sole purpose of promoting e-tutor.com and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way e-Tutor's marks. Licensees shall not reproduce, use, or authorize the reproduction or use of e-Tutor's marks in any manner other than expressly authorized by Knowledge Headquarters, Inc. e-Tutor's marks may not be combined with those of another company. Any use of the e-Tutor marks that implies a relationship with or endorsement by Knowledge Headquarters, Inc. is strictly prohibited. Knowledge HQ has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of Knowledge HQ's marks. The following statement must accompany the use of Knowledge HQ's trademarks and logos: "__________ is either a registered trademark or trademark of Knowledge Headquarters, Inc."

7. PRIVACY POLICY. Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing and using e-tutor.com. Please take the opportunity to review our following Privacy Policy:

At e-tutor.com, we recognize that our members are concerned about the privacy of the information that we collect from our members and our plans for using this information. e-tutor.com collects personally identifiable information (name, e-mail address, etc.) and/or demographic data (city, zip code, school names, interests, etc.) that you submit when you: 1) register for our services, 2) complete a survey, or 3) send us an e-mail. We may use this information to process and maintain your account, compile demographic statistics about our users, and display to you information and advertisements that match your interests and profile. We will never sell your personal information to any company for any reason.

IP Addresses and Cookies

e-tutor.com uses IP addresses (random numbers assigned to individual computers) to help administer our Web site and anonymously track content preferences and traffic patterns.

We also use cookies (small text files transferred from our Web site to your hard drive) to recognize repeat users, track usage behavior, and facilitate your access to and use of our site. Cookies do not damage files or allow anyone to access your personally identifiable information -- they simply allow us to tailor information and advertisements to make your visits more enjoyable and meaningful.

Deletion of your information. If you decide that you no longer want to receive e-mail or information from e-tutor.com, you may contact us at:

Customer Service
Knowledge Headquarters, Inc.
6713 No. Oliphant Ave.
Chicago, IL 60631
Attention: Privacy Dept.
E-mail: info@knowledgehq.com

Deletion of your information will usually take four to six weeks.

Security and Links. The security of the information you provide to e-tutor.com is important to us. We use encryption software and other security measures to protect the loss, misuse, and alteration of sensitive information under our control. However, e-tutor.com's site includes banner links to other sites from our sponsors, and when you choose to visit those sites, we are not responsible for their privacy policies or actions, and you should review the privacy policies of these parties when supplying personally identifiable information to them.

Additional Information. e-tutor.com reserves the right to alter our Privacy Policy as business needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights.

8. SERVICE MARK NOTICE. e-Tutor, e-tutor.com, eTutor, and LessonPro trademarks, service marks, trade dress and logos are owned by Knowledge Headquarters, Inc. All other trademarks, service marks, and logos used on e-tutor.com are the trademarks, service marks, and logos of their respective owners

9. INDEMNITY. USER HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD KNOWLEDGE HQ HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO (A) A THIRD-PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT BASED ON INFORMATION, DATA, FILES OR OTHER CONTENT SUBMITTED BY USER, (B) ANY FRAUD, MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT BY A USER OR USERS, OR (C) ANY THIRD-PARTY CLAIM, ACTION OR ALLEGATION BROUGHT AGAINST KNOWLEDGE HQ OR RELATED COMPANY ARISING OUT OF OR RELATED TO THE USE OF e-tutor.com. KNOWLEDGE HQ WILL HAVE THE RIGHT TO PARTICIPATE IN ITS DEFENSE AND HIRE COUNSEL OF ITS CHOICE, AT USER'S EXPENSE. USER WILL NOT SETTLE ANY ACTION OR CLAIMS ON KNOWLEDGE HQ'S BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF KNOWLEDGE HQ.

10. NO AGENCY OR PARTNERSHIP. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Knowledge HQ in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

11. GENERAL. By using e-tutor.com, you agree to the above stated terms of use. This Agreement is entered into in the State of Illinois and shall be construed in accordance with the laws of Illinois, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the County of Cook in the State of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Knowledge HQ prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Knowledge HQ may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

12. SURVIVAL OF TERMINATION. Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement. Copyright © 2004 Knowledge Headquarters, Inc. All Rights Reserved. Terms of Use are strictly enforced.