Schoolr, Inc. Terms of Use

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:

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:

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.