(Last Updated: April 28, 2018)
2. TUTORS FOR CHARITY IS AN ONLINE TUTORING PLATFORM THAT ASSISTS IN FUNDRAISING FOR CHARITIES.
The Site is a platform for enabling the connection between individuals seeking tutoring services (“Students”) and/or individuals or companies providing tutoring services (“Tutors”) in order to help fundraise for charities (including our own Foundation). Tutors for Charity does not take part in the interaction between Students and Tutors except to determine the needs of Students, allow collaboration between Students and Tutors via our Chat, Whiteboard and anonymous messaging system, and to collect payments on the behalf of Students for venue services through the Site (a portion of the net proceeds will be donated to various charities as determined solely by Tutors for Charity). Users do hereby represent, understand and expressly agree that Tutors for Charity does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tutors, nor of the integrity, responsibility or any of the actions whatsoever of the Students. Tutors for Charity makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Tutors or Students through the Site whether in public, private, online or offline interactions. Tutors for Charity does not assume any responsibility for the accuracy or reliability of any information provided by Tutors or Students on this Site. Tutors for Charity does not assume and expressly disclaims any liability that may result from the use of this information. Tutors for Charity is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including but not limited to Students, Parents and Tutors do hereby expressly agree not to hold Tutors for Charity (or Tutors for Charity’s officers, founder, CEO, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Site and Tutors for Charity and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.
NOTWITHSTANDING THE FOREGOING, TUTORS FOR CHARITY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD TUTORS FOR CHARITY HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
Students may seek the services of a Tutor through the use of the Site and Tutors may submit proposals to Students regarding their services. In the event that a Student and a Tutor agree on the provision of services such agreement is solely between the Student and the Tutor; Tutors for Charity is not a party to any such agreement. Any issues concerning the services received by the Student or payment due to the Tutor must be resolved directly by the Student and the Tutor. Tutors for Charity will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold Tutors for Charity harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Tutors for Charity will use its reasonable efforts to monitor Tutor and Student profiles, actions, comments, and general usage of the Site and suspend privileges to any Student or Tutor not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the Tutors for Charity Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to Tutors for Charity immediately by notifying Tutors for Charity of the same via electronic correspondence.
5. EXCLUSIVE USE.
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. INFORMATION PROVIDED BY USERS.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. Tutors for Charity is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Tutors for Charity or to any other user of the Site.
You understand and agree that Tutors for Charity may review and delete any Content, in each case in whole or in part, that in the sole judgment of Tutors for Charity violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Tutors for Charity, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Tutors for Charity will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Tutors for Charity, are those of their respective authors. Such authors are solely responsible for such content. Tutors for Charity does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Tutors for Charity or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
8. LINKS TO EXTERNAL SITES.
9. COPPA COMPLIANCE.
Students and Tutors should monitor children’s use of the Internet. Tutors for Charity is intended for people 18 or over. Tutors for Charity will not knowingly collect any information from children under 13. You must identify your age during the registration process. Tutors for Charity takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
10. PROHIBITED USE.
The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Students or Tutors for employment or contracting for a business not affiliated with Tutors for Charity without express written permission from Tutors for Charity. Should Tutors for Charity find that you violated the terms of this paragraph or any terms stated herein, Tutors for Charity reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Tutor or Student information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a “mirrored”, competitive, or third party site, or any other violation of these Terms of Service.
Although Tutors for Charity cannot monitor the conduct of its users off the Site, it is also a violation of these Terms of Service to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. Other examples of prohibited use include, but are not limited to, the following: tutors who provide alcohol or other drugs to minors, tutors who drive students inside the tutor’s vehicle without express consent from the student’s parents/adult guardians, tutors who behave in an inappropriate/unprofessional manner (e.g., rude remarks, bullying, discrimination, sexual harassment, etc.), tutors who do not file their own taxes on time as independent contractors, tutors who receive payments outside our online payment system (e.g., cash “under the table”) after providing tutoring services to one of our clients (e.g., student, parent, friend/family member of client, or any other relation to client), tutors who schedule, meet, or tutor our clients outside our online tutoring platform, tutors who do not have an adult guardian or chaperon within 100 feet of the student during an in-person tutoring session at all times, tutors who provide false/misleading information or misrepresentation in their tutor profiles (e.g., grade inflation, fake credentials, etc.), tutors who do not update their profiles on a regular basis (e.g., to provide their current availability schedule to students, current level of education/experiences, etc.), tutors who are unreliable or undependable (e.g., slow to respond to student questions, late or no shows to scheduled sessions, provide incorrect or vague answers to questions, unable to explain basic concepts) and any other communication or behaviors that violate local/state/federal laws. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, Tutors for Charity reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site, in addition to recording the audio, video, texts, messages, whiteboard drawings and/or any other portion of the tutoring session including all communication between tutors and students/parents.
Tutors for Charity reserves the right, in its sole discretion, to terminate any user’s access to all or part of the Tutors for Charity Site, to remove any user’s profile and/or any content posted by or about the user, from the Site, and/or to terminate membership in Tutors for Charity, for any reason or no reason, with or without notice. Following any termination of any member’s use of the Site, Tutors for Charity reserves the right to send a notice thereof to other members which whom the user has corresponded.
11. PAYMENT AND REFUND POLICY FOR INDIVIDUAL STUDENTS.
Students are obligated to pay for the service of the Site, unless specifically notified otherwise. Students that sign up agree to pay Tutors for Charity all charges at the prices then in effect for any use of the Site. In addition, Students authorize Tutors for Charity to charge their chosen payment provider for use of the Site. Tutors for Charity reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Because a portion of the proceeds will be donated to selected charities, NO REFUNDS or credits will be provided to any user of the Site. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At Tutors for Charity’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Tutors for Charity.
In addition, all users of the Site agree to the following terms:
- Payments for services rendered are non-refundable, and individual results are not guaranteed.
- Late cancellations (less than 24 hours advanced notice) are subject to a late cancellation fee.
- Payment for all services, digital or physical goods on the Site must be made on the same day of purchase (or same day of service being rendered).
- After a 3-day grace period, a $1 per day late fee may be assessed for each day past due.
- Other fees may apply, such as (but not limited to): credit card transaction fees, same-day booking (on-demand service) fee, late-night service fee, etc.
- Tutoring rates and other prices for services or goods on the Site are subject to change at any time.
- Frequent late payments and/or cancellations may lead to the termination of services.
12. THIRD PARTY VERIFICATION SERVICE.
Tutors for Charity may make a third-party verification service available to Students and Tutors. Students and Tutors may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Tutors for Charity is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that Tutors for Charity may review the information provided by the third-party verification service and that Tutors for Charity retains the right to terminate your Tutors for Charity membership based on the information.
13. FAIR CREDIT REPORTING ACT.
Pursuant to the Fair Credit Reporting Act (the “FCRA”), by this notice Tutors for Charity, Inc. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Tutors for Charity from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Tutors for Charity does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
14. NO WARRANTY.
The information and materials contained in this website, including text, graphics, information, links or other items are provided “as is”, “as available”. TUTORS FOR CHARITY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
15. DISCLAIMER OF WARRANTY.
No Warranties. TUTORS FOR CHARITY PROVIDES THE SERVICES ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TUTORS FOR CHARITY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TUTORS FOR CHARITY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, TUTORS FOR CHARITY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES AS A TUTOR OR TO SECURE THE SERVICES OF A TUTOR, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY VERIFICATION SERVICE OFFERED ON OUR SITE.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Tutors for Charity, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TUTORS FOR CHARITY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TUTORS FOR CHARITY. UNDER NO CIRCUMSTANCES WILL TUTORS FOR CHARITY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
16. ASSUMPTION OF RISK.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in Tutors for Charity’s Safety Tips, when interacting with others Members of the site.
17. LIMITATION OF LIABILITY.
Incidental Damages and Aggregate Liability. In no event will Tutors for Charity be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tutors for Charity, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL TUTORS FOR CHARITY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID TUTORS FOR CHARITY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $10.00 USD OR ITS EQUIVALENT.
No Liability for non-Tutors for Charity Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUTORS FOR CHARITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Tutors for Charity makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
19. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT.
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Tutors for Charity and providing the following information:
· Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
· Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
· Your name, address, telephone number and (if available) e-mail address.
· A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
· A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
· A signature or the electronic equivalent from the copyright holder or authorized representative.
20. NOTICE OF TRADEMARK RIGHTS.
21. U.S. EXPORT CONTROLS.
Software from this Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
22. JURISDICTION AND CHOICE OF LAW.
If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, Los Angeles County, for the resolution of any such dispute.
23. TUTOR REQUIREMENTS.
Upon submitting the online Tutor Application form on the Site, all prospective tutors automatically consent to a background check before they are approved to tutor on the Site. Tutors for Charity solely reserves the right to deny any person access to our Site if deemed necessary (e.g., not passing background check, use of profane/offensive language in chat or messaging area, etc.). By using our Site, all tutors consent that their personal information may be publically displayed for students to search, and this data also may be given to relevant third parties (e.g., charities) as necessary. All users of the Site will consent that any information entered into our Site (including, but not limited to, any personal information, art, written work, computer software programs such as online courses and applications, texts, email messages, audio/video recordings, whiteboard drawings, creative works or any and all other intellectual property) will become the sole property of Tutors for Charity. In addition, all users of the Site fully agree to abide by our Non-Disclosure Agreement (NDA).
All tutors are classified as independent contractors (IC’s) and must comply with the U.S. “Common Law Rules” regulating IC’s:
Behavioral: Tutors for Charity does not control or direct what the tutor does nor how the tutor does his or her job (e.g., tutor can set their own hours of operation, utilize their own teaching style methodology, etc.).
Financial: The business aspect of the tutor’s job is not controlled by Tutors for Charity (i.e., the tutor can set their own hourly tutoring rate, provide their own tutoring supplies, etc.). The tutoring rates are subject to change at any time (depending on the tutor’s individual needs), with the current rate posted on the tutor’s profile page. It is the client’s responsibility to confirm the current tutoring rate for the specific tutoring service before the session begins. The tutor may decide to charge a late cancellation fee for clients who cancel within 24 hours of a booked session (specific cancellation policies may vary for each individual tutor, which the tutor will inform the client via written notice such as email or posting on their tutor profile page). All tutors are required to file and pay for their own self-employment taxes.
Type of Relationship: Tutors for Charity does not provide any written contracts nor employee type benefits (i.e. NO pension plan, insurance, vacation pay, etc.); Tutors are hired as IC’s to assist students for specific projects, homework or test preparation services for a specific duration of time, and there is no expectation that this work relationship will last indefinitely.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
25. CONTACT INFORMATION.
If you have any questions or need further information as to the Site or Service provided by Tutors for Charity, or need to notify Tutors for Charity as to any matters relating to the Site or Service, please contact Tutors for Charity via written correspondence (mail or email):
Tutors for Charity LLC
4571 Haskell Ave. Suite 12
Encino, CA 91436