Last Updated: August
25, 2017
Welcome to Schoolr’s
(“Schoolr”, “our”, “us” or “we”) website, www.Schoolr.io (the “Site”). If you (“you”, “your”, “User”,
“Student” or “Tutor”) visit or use the services offered at the Site
(collectively “SCHOOLR Service(s)” or the “Service(s)”) you accept these Terms of
Use. Please read these Terms of Use and SCHOOLR’s Privacy Policy carefully (the
“Privacy Policy”) before using SCHOOLR.
YOUR USE
OF SCHOOLR CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THESE TERMS OF
USE, THE PRIVACY POLICY AND ALL OTHER RULES AND POLICIES POSTED ON THE SITE
(THE “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, AND IF YOU ARE
UNDER 13 YEARS OF AGE, DO NOT USE THIS SITE.
These Terms are
subject to change at any time, effective upon posting of the Terms on SCHOOLR.
Your use of SCHOOLR after such posting will constitute your acceptance of and
agreement to such changes. Therefore, you should frequently review these Terms
to see if they have been changed.
Use of the Services
Use of the
Services on SCHOOLR are void where prohibited.
As a user of this
website or a user registered to use any of the SCHOOLR Services (a
"User"), you acknowledge and agree to the following:
To access or use the products and Services found at SCHOOLR, you
represent and warrant that you are (i) at least eighteen (18) years of age
and/or (ii) otherwise recognized as being able to form legally binding
contracts under applicable law and/or an authorized representative of a company
organization or other entity.
If over 13 but a minor in your jurisdiction of residence, you must have permission
from your parent or legal guardian to use the products and Services on the
Site. You further represent and warrant
that you have the right, authority and capacity to agree to and abide by the
terms of this Agreement.
You acknowledge that anything that You post to this site is not private
or confidential.
By using this site, the You agree that all questions, answers and other
content that You post on the Site is a “work for hire” and shall belong
exclusively to Schoolr.
Student
Questions
The Site allows Students to ask questions and Tutors to choose which
questions to answer. The Student determines the price that the Student is
willing to pay for the question. The
Student then submits payment to its account and then the question will be
posted on the site. The Student’s
account is not charged until the Student opens the answer from the Tutor. If the question is not answered within five
days, the question expires and the Student’s account is not charged. By using the Site, all questions and content
Student posts on the Site is a “work for hire” and shall belong exclusively to
Schoolr.
Tutors
Tutors are required to take a test in the particular subject they wish to
tutor Students before singing up as a Tutor before they can begin answering
questions. Tutors determine which
questions to answer.
Tutors are not employees or agents of Schoor, but are independent service
providers using the Site. Schoolr does
not recommend particular Tutors. Schoor
is not involved in the conversations between Students and Tutors and cannot
guarantee the content of the Tutors answers.
Schoolr shall not be liable for any acts or omissions of Tutors, content
in answers, or the ability of Tutors to answer questions.
Tutors receive seventy-five (75%) of the price that the Student pays for
the question. Tutors will receive
payment five (5) days after they have answered a Student’s question.
By using this Site, the Tutor agrees that all answers and other content Tutor
posts on the Site is a “work for hire” and shall belong exclusively to Schoolr.
Registration/Account
SCHOOLR may charge
fees in relation to Services that we offer. If you choose a Service that
charges a fee, you agree to SCHOOLR storing your payment card information. All
fees will be assessed in US dollars. Your Account and all transactions are made
and displayed in US dollars unless otherwise specified. Users must have
sufficient funds available in their account to fully pay for the total cost of
any transaction they want to make. You agree to reimburse us for all collection
costs and interest for any overdue amounts.
When you register
as a User on the Site, you can establish a user name and password for access to
your online account. You are responsible for maintaining the confidentiality of
your user name, password, and account data, and you may not share this
information or your account with anyone else, and you will be solely responsible
for all acts or omissions that occur under your account. You will immediately
notify Schoor of any unauthorized use of your password or account. You should
only create one account on the Site.
SCHOOLR is not
responsible for your use of payment card Services. You must resolve any
disputes directly that you may have with payment card Services directly with
the payment card Service provider.
No
Refunds
No refunds will be
provided once the User’s account has been charged.
You expressly
agree that any inquiries or disputes regarding any transaction fee must be made
within five days after the transaction is made. Notwithstanding such inquiries,
you agree and acknowledge that the decision of SCHOOLR regarding such
transaction fee inquiries is final. You also expressly agree in no event shall
SCHOOLR be liable for any damages in excess of the amount of the fee that you
paid for a Service, if any, nor shall SCHOOLR be liable for any special,
incidental, indirect, punitive or consequential damages or loss of use, profit,
revenue or data to you or any third person arising from your use of SCHOOLR.
Modifications
To The Service
SCHOOLR reserves
the right in its sole discretion to review, improve, modify or discontinue,
temporarily or permanently, the Services or any content or information on SCHOOLR
with or without notice. SCHOOLR will not be liable to any party for any
modification or discontinuance of its Services.
Term and Termination
This Agreement is
effective from the date that you first access SCHOOLR or submit any information
to SCHOOLR, whichever is earlier, and shall remain effective until terminated
in accordance with this Agreement.
You may terminate
your service and account at your sole discretion and at any time by written
notice via e-mail to [email protected].
We may immediately
terminate or change this Agreement, and/or your access to and use of SCHOOLR,
or any portion thereof, at any time and for any reason, with or without cause,
without prior notice. This Agreement will also terminate automatically if you
fail to comply with any term or provision of this Agreement. Upon termination
of this Agreement by either party, your right to use SCHOOLR shall immediately
cease, and you shall destroy all copies of information that you have obtained
from SCHOOLR, whether made under this Agreement or otherwise. All disclaimers
and all limitations of liability and all our rights of ownership shall survive
any termination.
Intellectual
Property Rights
All text,
graphics, editorial content, data, formatting, graphs, designs, HTML, look and
feel, photographs, music, sounds, images, software, videos, designs, typefaces
and other content (collectively "Proprietary Material") that Users
see or read on SCHOOLR is owned by SCHOOLR or are used by permission.
Proprietary Material is protected in all forms, media and technologies now
known or hereinafter developed. SCHOOLR owns all Proprietary Material as well
as the coordination, selection, arrangement and enhancement of such Proprietary
Materials. The Proprietary Material protected by the domestic and international
laws of copyright, patents, and other proprietary rights and laws. Users may
not copy, download, use, redesign, reconfigure, or retransmit anything from SCHOOLR
without SCHOOLR's express prior written consent. Any use of such Proprietary
Material, other than as permitted therein, is expressly prohibited without the
prior permission of SCHOOLR and/or the relevant right holder.
The service marks
and trademarks of SCHOOLR, including without limitation SCHOOLR and SCHOOLR
logo are service marks owned by SCHOOLR. Any other trademarks, service marks,
logos and/or trade names appearing on the Service are the property of their
respective owners. You may not copy or use any of these marks, logos or trade
names without the express prior written consent of the owner.
DMCA
Copyright Infringement Information
In accordance with
the Digital Millennium Copyright Act, if you believe that your intellectual
property rights have been violated, please provide our Copyright Agent
(identified below) the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on SCHOOLR;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Our agent for
notice of claims of copyright infringement can be reached as follows:
By email: [email protected]
DISCLAIMER
OF WARRANTIES
THE SERVICES AND
ALL INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE ARE PROVIDED BY SCHOOLR
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SCHOOLR DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NONINFRINGEMENT. SCHOOLR
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS
OF SCHOOLR.
SCHOOLR DOES NOT
WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
(INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SERVICE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM SCHOOLR ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCHOOLR WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SCHOOLR MAKES NO
REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF ITS SERVICES, INCLUDING,
BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
SCHOOLR MAKES NO
REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF ITS SERVICES OR
TIMELINESS OF ITS SERVICES.
LIMITATION
OF LIABILITY
YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF SCHOOLR, THE INTERNET GENERALLY, AND
THE CONTENT DOCUMENTS YOU ACCESS ON SCHOOLR.
IN NO EVENT SHALL SCHOOLR,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:
- (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON SCHOOLR;
- (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SERVICES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO SCHOOLR;
- (III) THE SERVICES FOUND AT SCHOOLR OR ANY SERVICES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO SCHOOLR;
- (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
- (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER;
- (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION
AND DATA STORED THEREIN;
- (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS
SERVICES OR ANY SERVICES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SERVICE;
- (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR FROM THIS SERVICES OR ANY SERVICES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SERVICE;
AND/OR
- (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF SCHOOLR OR THE SERVICES FOUND AT SCHOOLR, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT SCHOOLR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO SCHOOLR OR THE SERVICES FOUND AT SCHOOLR MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION
SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SCHOOLR’S TOTAL
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR
PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND
SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF SCHOOLR
OR THE SERVICES FOUND AT SCHOOLR.
INDEMNIFICATION
YOU HEREBY AGREE
TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SCHOOLR, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS,
SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE
OR DEMAND OF LIABILITY, INCLUDING ATTORNEYS' FEES AND COSTS INCURRED, IN
CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE. SCHOOLR RESERVES THE
RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO YOUR INDEMNIFICATION. YOU WILL NOT, IN ANY EVENT,
SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF SCHOOLR.
General
Provisions
These Terms and the
Privacy Policy constitute the entire Agreement between you and SCHOOLR with
respect to its subject matter. If any provision of this Agreement is found to
be invalid or unenforceable, the remaining provisions will be enforced to the
fullest extent possible, and the remaining provisions will remain in full force
and effect. This Agreement will inure to the benefit of SCHOOLR, its successors
and assigns.
Dispute
Resolution; Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury
To expedite
resolution and reduce the cost of any dispute, controversy or claim related to
these Terms ("Dispute"), you and SCHOOLR agree to first attempt to
negotiate any Dispute (except those Disputes expressly excluded below)
informally for at least thirty (30) days before initiating any court
proceeding. Such informal negotiations will commence upon written notice. Your
address for such notices is your billing address, with an email copy to the
email address you have provided to SCHOOLR. Notices should be submitted by
email to: [email protected].
If the Dispute is
not resolved within thirty (30) business days following notice of the Dispute
to the other party, then the Dispute shall be resolved in a binding arbitration
proceeding to be held in Orange County, California. The parties agree that SCHOOLR
will have sole right to select the arbitrator. The arbitrators may award
attorneys’ fees and other related arbitration expenses, as well as pre- and
post-judgment interest on any award of damages, to the prevailing party, in
their sole discretion. Any award of the arbitrators shall be deemed
confidential information for a minimum period of five years, except to the
extent public disclosure of such information is required by applicable
securities laws or regulations.
These Terms shall
be governed by and construed in accordance with the federal law of the United
States and the state law of California, whichever is applicable, without regard
to conflict of laws principles. You agree that any action relating to or
arising out of these Terms shall be brought in the state or federal courts of Orange
County, California, and you hereby consent to (and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to) jurisdiction
and venue in the state and federal courts of Orange County, California. You
agree to waive the right to trial by jury in any action or proceeding that
takes place relating to or arising out of these Terms. You further agree to
accept service of process by certified mail, return receipt requested at the
address designated by you. SCHOOLR will be entitled to recover court costs and
reasonable attorneys' fees and expenses incurred in successfully proving any breach
of these Terms.
No
Waiver
Failure by SCHOOLR
to enforce any provision(s) of this User Terms will not be construed as a
waiver of any provision or right. It will be governed by and construed in
accordance with the governing law herein.
Links to
Other Web Services
Links (such as
hyperlinks) from SCHOOLR to other websites on the Web do not constitute the
endorsement by SCHOOLR of those websites or their content. Such links are
advertisements or provided as an information service, for reference and convenience
only. SCHOOLR does not control any such website, and is not responsible for
their content. The existence of links on SCHOOLR to such websites (including
without limitation external websites that are framed by SCHOOLR as well as any
advertisements displayed in connection therewith) does not mean that SCHOOLR
endorses any of the material on such websites, or has any association with
their operators. It is your responsibility to evaluate the content and
usefulness of the information obtained from other websites.
The use of any
website controlled, owned or operated by third parties is governed by the terms
and Terms and privacy policies for those third-party websites, and not by SCHOOLR's
Terms or Privacy Policy. You access such third-party websites at your own risk.
SCHOOLR expressly disclaims any liability arising in connection with your use
and/or viewing of any website or other material associated with links that may
appear on SCHOOLR. You hereby agree to hold SCHOOLR harmless from any liability
that may result from the use of links that may appear on SCHOOLR.
Titles
and Headings; Independent Covenants; Severability
The titles and
headings of these Terms are for convenience and ease of reference only and
shall not be utilized in any way to construe or interpret the agreement of the
parties as otherwise set forth herein. Each covenant and agreement in these Terms
shall be construed for all purposes to be a separate and independent covenant
or agreement. If a court of competent jurisdiction holds any provision (or
portion of a provision) of these Terms to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of these Terms
shall not be affected thereby and shall be found to be valid and enforceable to
the fullest extent permitted by law.
Contact
Information
If you have any
questions about these Terms, please contact us by email at [email protected]
I HEREBY
ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT
MY USE OF SCHOOLR IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS.