EXAMPL
GENERAL TERMS OF USE

Last Updated: February 22, 2017

1. INTRODUCTION

  • Welcome to Exampl! Your use of our services, including the services Exampl makes available through the Exampl application, its website (as applicable), and any other software or services offered by Exampl in connection with any of those (the “Services”) is governed by these general terms of use (the “General Terms”), so please carefully read them before using the Services. For the purposes of these General Terms, “we,” “our,” “us,” “Exampl,” and the “Company” refer to Learning Ray, Inc., the providers and operators of the Services.
  • In order to use the Services, you must first agree to these General Terms. If you are registering for or using the Services on behalf of an organization or individual, you are agreeing to these General Terms for that organization or individual and promising that you have the authority to bind that organization or individual to these General Terms.   In that case, “you” and “your” will also refer to that organization or individual, wherever possible.
  • You agree your use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Exampl or any of its affiliates regarding future functionality or features.
  • You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), it is hereby understood that by accepting the General Terms, 1) you have discussed these General Terms with your parents, 2) they have clearly consented to your use of the Services, and 3) they agree to be bound by and to bind you to these General Terms.
  • AMONG OTHER THINGS, THE SERVICES PROVIDE AN ONLINE/MOBILE PLATFORM THAT FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS/TEACHERS VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT EXAMPL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS/TEACHERS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF EXAMPL. TEACHERS MAY or MAY NOT BE EMPLOYED BY EDUCATIONAL INSTITUTES WHO HAVE SIGNED UP TO USE EXAMPL AND HENCE SUCH TEACHERS TOO ARE NOT EMPLOYEES OR AGENTS OF EXAMPL. EXAMPL HAS NO DIRECT CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS /TEACHERS AND OTHER USERS OF THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
  • BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE GENERAL TERMS.  IF YOU DO NOT ACCEPT THESE GENERAL TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

2. DESCRIPTION OF SERVICES

  • Exampl provides an online /mobile platform that allows students (“Students”) to post schoolwork-related questions or exam-prep related questions online and/or through their mobile device in order seek free help and feedback from other Students (peers) in a collaborative manner. Exampl also allows educational institutes (“Schools”) to use the same platform and allow students of their choice to login and connect to select student tutors (“peer tutors”) or teachers (“teachers”), with the goal of allowing such peer tutors or teachers to offer tutoring or educational services (“Lesson Services”) to such Students (“Students”, “Teachers” and “Peer Tutors” shall also be referred to hereinafter, collectively, as “Users”).
  • • Exampl is not a provider of tutoring services. Exampl’s role is solely to facilitate the availability of the Services. Similarly, Exampl is not a contracting agent or representative of any User or School. Peer Tutors are independent contractors and are not employees or agents of Exampl. Teachers may either be independent or could be employed by a School and are not employees or agents of Exampl. You waive and release Exampl from any liabilities arising from or related to any act or omission of a Peer Tutor or Teacher in connection with your use of the Services.
  • We have the right, but not the obligation, to monitor any activity and content associated with these Services.
  • Exampl would try to connect you with an appropriate peer tutor and does not guarantee that you would be connected with peer tutors all the time, even if you are going to be paying for the Lesson Services to the School. Exampl does not guarantee that you would be connected with the same peer tutor or teacher, whenever you use Exampl.
  • Any user has the right to end the Services anytime at his/her discretion.; however, the appropriate payment needs to be made for any elapsed time, irrespective of the time elapsed. Once a session is terminated, the users would be starting afresh while asking the next question and go through the process.
  • Any user could choose not to accept the peer tutor or teacher and similarly, the peer tutor or teacher may choose not to accept the user, at his/her discretion.
  • EXAMPL DOES NOT CONTROL THE AVAILABILITY, TIMELINESS, QUALITY, RELEVANCE OR ACCURACY OF ANY LESSON SERVICE PROVIDED BY PEER TUTORS OR TEACHERS, AND EXAMPL DOES NOT GUARANTEE THAT ANY PEER TUTOR OR TEACHER IS QUALIFIED TO PROVIDE ANY SPECIFIC ADVICE, OR WHETHER A PEER TUTOR OR TEACHER IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE OR HELP SOUGHT BY A STUDENT.
  • EXAMPL DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR USER CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY USER OR USER CONDUCT. EXAMPL ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.

3. YOUR ACCOUNT

  • In the course of creating Content or registering for or using the Services, you may be required to provide Exampl personally identifiable information, including your telephone, email address, and/or social media username (“Credentials”). Exampl handles such information with the utmost attention, care and security. Nonetheless, you, not Exampl, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Exampl promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Exampl of any unauthorized use of your Credentials or if your email, social media account or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Exampl immediately.
  • When you register with Exampl and set up your account (“Account”), you: (i) agree to provide Exampl with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize Exampl, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
  • You may be asked to create a user profile (a “Profile”) in the course of registering for the Services. You may edit and update your Profile freely, and may also upload an image of yourself to use as a profile picture (“Profile Photo”). Creating a Profile Photo is voluntary, and you may remove your Profile Photo at any time. You understand that other Users may be able to view the information that you include in your Profile.
  • You may also be provided with by a code by your School if your School has chosen to sign up and use Exampl as an educational platform. Such code may not be shared by you with anyone else without the written permission of your School. And usage of such code may require you to accept some terms with your School. Exampl is not responsible for any such terms placed by your School on you. And you agree to indemnify Exampl in case of any misuse of such code.
  • We handle your personally identifiable information with the utmost attention, care and security. Nonetheless, you, not us, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.

4. USER-UPLOADED CONTENT

  • You acknowledge that you may be able to create, transmit, publish or display information (such as images, data, text, graphics, audio files, videos, chat conversations, messages or other materials) through use of the Services. All such information is referred to below as the "Content."
  • You agree that you are solely responsible for (and that Exampl has no responsibility to you or to any third party for) any Content that you create, transmit, publish, display or otherwise make available while using the Services, and for the consequences of your actions (including any loss or damage which Exampl may suffer) in connection with such Content.   Furthermore, you acknowledge that Exampl does not control or actively monitor Content uploaded by other users and, as such, does not guarantee the accuracy, integrity or quality of such Content, or the timeframe in which such Content may be provided.   You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable.   Under no circumstances will Exampl be liable in any way for any such Content. Such content could be flagged by any user(s) and Exampl, at its sole discretion, could take down such content altogether from public view.
  • You agree that Exampl has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted through use of the Services.
  • Exampl reserves the right (but shall have no obligation) to remove any or all Content from the Services. You agree to immediately take down any Content that violates these General Terms, including pursuant to a takedown request from Exampl. In the event that you elect not to comply with a request from Exampl to take down certain Content, Exampl reserves the right to directly take down such Content.

5. NO ENDORSEMENT

  • Exampl acts as a technology service that facilitates provision of Lesson Services between Students and Peer Tutors/Teachers and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Lesson Services or the contents thereof.
  • Exampl does not endorse any User and you are responsible for determining and confirming the identity and suitability of the Users interacted with as a result of your use, or use by any third party, of the Services. We are not your agent or the agent of any User. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Students. By using the Services, you, and any individual that may use the Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Peer Tutors/Teachers, Students or other third parties will be limited to a claim against the particular Tutor. Student or the third parties who caused you, or such third party, harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from Exampl with respect to such actions or omissions. In addition, Exampl is not responsible for the use or exchange of any information or files between Users. Furthermore, Exampl does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by or between Users. EXAMPL ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.
  • Exampl is not liable for potential settlements between the Users, created in the result of using the Services or its individual services, nor is it liable for potential settlements with tax bodies appropriate for the Users, arising from cooperation between the Users. Exampl is not liable for any damages and losses incurred by the Users arising from cooperation or interactions between the Users within the Services, except to the extent that such damages or losses directly relate to amounts paid by a User to Exampl, in connection with such User’s use of the Services.
  • Notwithstanding anything to the contrary above, if you ever believe that another User has violated law or is defrauding, threatening or endangering anyone, Exampl urges you to contact us immediately at support@forexampl.com

6. PROPRIETARY RIGHTS

  • You acknowledge and agree that Exampl (or Exampl’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  • All trademarks, service marks, logos and designs used by these Services, whether registered or unregistered, are owned by Exampl or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Exampl or its affiliates without our prior written consent.
  • Except as provided in Section 7, Exampl acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these General Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Exampl, you agree that you are responsible for protecting and enforcing those rights and that Exampl has no obligation to do so on your behalf.

7. LICENSE FROM YOU

  • Exampl makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, in using the Services, you do grant to Exampl and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to your Content as set below:
    • With respect to Content that you submit, post or otherwise make available in a private manner via the Services (e.g. for use or viewing by individuals using the Services that you specifically identify):
      • The license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) for the sole purpose of enabling Exampl to provide you with the Services.
    • With respect to Content that you submit, post or otherwise make available publicly through the Services (e.g. for use or viewing by anyone using the Services):
      • The license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed. This license includes the right for other users of the Service to view, share, and modify your Content for their own educational, non-commercial purposes, and for Exampl to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services for any legitimate purpose, subject to our terms and conditions for such Content use. You agree that such additional uses by Exampl or others may be made without attribution and without compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
  • You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, post or otherwise make available to or through the Services.
  • You also agree and understand that the content created when you choose to pay for Lesson Services including the chat may not be available to you for download or for printing, and you can access it only from within Exampl.

8. LICENSE FROM EXAMPL AND RESTRICTIONS ON USE

  • Exampl gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Exampl as part of the Services as provided to you by Exampl. This license is solely for personal, non-commercial, educational use of the Services, in a manner permitted by these General Terms and that complies with all laws that apply to you.
  • You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Exampl, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
  • Exampl may refuse to store, provide, or otherwise maintain your Content for any or no reason. Exampl may remove your Content from the Services at any time if you violate these General Terms or if the Services are canceled or suspended. I f Content is stored using the Services with an expiration date, Exampl may also delete the Content after such expiration date. C ontent that is deleted may be irretrievable.
  • To ensure that the Services are only used and accessed for educational purposes, you agree that you will not (and you may not permit anyone else to) do any of the following while using the Services:
    • engage in Peer Tutor/Teacher - Student communications that are unrelated to learning or the subject of the relevant Lesson Services, including without limitation communications that solicit or disclose personally identifiable information such as full name, age, and city of residence etc;
    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm minors in any way;
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • use the Services to solicit users directly for commercial purposes without the prior written consent of Exampl, except in those areas that are designated for such purpose;
    • create multiple accounts or otherwise attempt to access the Services in a manner so as to avoid incurring fees;
    • disrupt the normal flow of communication on the Services or otherwise act in a manner that negatively affects other users' ability to use the Services;
    • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • access or use the Services in any way that is harmful to Exampl or other Users;
    • intentionally or unintentionally violate any applicable local, state, national or international law;
    • access the Services from territories where its contents are illegal is prohibited (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
    • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    • "stalk" or otherwise harass another user;
    • use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services;
    • collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
    • access the Services for the purpose of bringing an intellectual property infringement claim against Exampl or for the purpose of creating a product or service competitive with the Services.
  • You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.

9. PRIVACY POLICY

  • These Services are provided in accordance with our Privacy Policy, which can be found at www.forexampl.com/privacy. You agree to the use of your Content and personal information in accordance with these General Terms and our Privacy Policy.
  • By using the Services, you consent to receive electronic communications from Exampl. These communications will include notices about your account (e.g. receiving e-mails and other transactional information) and information concerning or related to our Services, such as featured content or other announcements. The electronic communications could also inside notifications on your mobile device or tablets both inside and outside the application.
  • You may review your personal information and request changes to be made to your personal information at any time either through your Profile or by contacting us.
  • Exampl reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.

10. PRICING

  • If you sign up using a code that places you in a group administered by your School, you may be subject to some pricing that is determined by your School.
  • Such pricing matters, if any, are not determined by Exampl and is solely between you and your School. If you are not allowed to use Exampl by your school due to pricing related disputes between you and the School, it is not Exampl’s responsibility and is a private matter of dispute between you and the School. You agree not to involved Exampl in such disputes
  • Exampl reserves the right, in its sole discretion, to revoke any Lesson Services made available to you or purchased by you in connection with a Trial Lesson if it believes that you have created multiple Accounts via the Services.

11. MODIFICATION AND TERMINATION OF SERVICES

  • Exampl is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Exampl provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these General Terms, unless stated otherwise.
  • You may terminate these General Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
  • You agree that Exampl, in its sole discretion and for any or no reason, may suspend or terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Exampl will not be liable to you or any third party for such termination. You also agree that Exampl may remove any of your Content from the Services in its sole discretion or pursue any other remedy or relief available under equity or law.
  • Upon any termination of the Services or your account these General Terms will also terminate, but all provisions of these General Terms, which by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12. CHANGES TO THE GENERAL TERMS

  • These General Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these General Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised General Terms. If you do not agree to the new General Terms, please stop using the Services immediately. Please visit this page regularly to review these General Terms for any changes.

13. ADDITIONAL TERMS FOR PEER TUTORS

13.1. REGISTRATION AS A PEER TUTOR

  • In order to sign up as a tutor, you need to be above 18 years old and produce appropriate evidence
  • In order to use the Services as a Peer Tutor, you will be required to register as a Peer Tutor and to provide us with personally identifiable information, including potentially your name, age, country of residence, time zone, email address, phone number, username and password, photo ID, social security number (if applicable), educational experience, and teaching qualifications (if any) and the preferred topics/subtopics where you would like to play the role of a tutor. These are referred to as your “Credentials.” Please note that we may decline to register you as a Tutor, in our sole and absolute discretion. If your registration to be a Tutor is declined, Exampl is under no obligation to share any reasons with you.
  • Exampl, at its discretion, could change the requirements to be a Tutor with no notice and you agree to comply with all the requirements.
  • When you register with Exampl as a Peer Tutor and set up your account (“Account”), you: (i) agree to provide Exampl with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize Exampl, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
  • You will be assigned students when you login to Exampl and be available on Exampl. The assignment would be based on your credentials, the acceptance of your credentials by the student and your past ratings.
  • You will be required to create a Peer Tutor profile (“Profile”) in the course of registering for the Services as a Tutor. You may edit and update your Profile freely (albeit subject to these Terms), and may be required to upload an image of yourself to use as a profile picture (“Profile Photo”).
  • You agree that you will not permit, enable, introduce or facilitate (i) persons who do not have an Account to have access to the features of the Services only made available to registered Tutors and (ii) other persons to participate in providing Lesson Services from your Account. You understand that other Users may be able to view the information that you include in your Profile
  • IF YOU REGISTER VIA THE SERVICES TO SERVE AS A PEER TUTOR, YOU REPRESENT AND WARRANT TO EXAMPL THAT YOU (I) HAVE REQUISITE KNOWLEDGE IN THE SUBJECTS YOU SELECT VIA THE SERVICES TO PROVIDE LESSON SERVICES IN; (II) WILL UTILIZE STUDENT-PAID LESSON SERVICES SOLELY TO PROVIDE RELEVANT LESSON SERVICES; AND (III) WILL NOT PROVIDE LESSON SERVICES TO PERSONS UNDER THE AGE OF 13. YOU HAVE NO OBLIGATION TO PROVIDE ANY LESSON SERVICES UNLESS YOU CONTRACT WITH A STUDENT TO DO SO IN A SPECIFIC INSTANCE OR INSTANCES, AND ANY LESSON SERVICES YOU MAY CHOOSE TO PROVIDE ARE IN YOUR SOLE DISCRETION.

13.2. PEER TUTOR RESPONSIBILITIES

As a Peer Tutor, you acknowledge and agree to the following:

  • Exampl acts as an online/mobile platform service provider that facilitates the provision of Lesson Services between Peer Tutors and Students and does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Peer Tutor's Lesson Services. Exampl will not be held responsible for any Peer Tutor's failure to comply with any laws, regulations, or contractual obligations to Students. Without limiting the terms of the “Limitation of Liability” section below, Exampl is not responsible for the use or exchange of any information, files or goods between Peer Tutors and Students. Further, Exampl does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Tutors or Students, including, without limitation, the Lesson Services provided or other information made available by Users through the Services.
  • You are solely responsible for your interactions with Students. You understand that Exampl bears no obligation to screen Students in any way. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services or providing Lesson Services and disclosing personal information to Students. You agree to take reasonable precautions in all interactions with Students. Without limiting the terms of the “Limitation of Liability” section below, your use of the Services and provision of Lesson Services is at your sole risk and discretion.
  • Exampl reserves the right to contact Peer Tutors and Students, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a Student or another Peer Tutor has violated the law or is defrauding, threatening or endangering anyone, we urge you to immediately contact us at support@forexampl.com
  • You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Lesson Services.
  • You are solely responsible for the content of the communications, assistance and direction that you provide as part of the Lesson Services.
  • You are solely responsible for all equipment necessary to access and use the Services and to provide Lesson Services.
  • You will not record or otherwise store any Lesson Service sessions that you provide through the Services..
  • You will not use any language or indulge in any behavior that is considered as inflammatory, abusive or bullying. You will also not upload any images that would be considered as inappropriate for those below 18 years of age.
  • You will not use the Services or provide Lesson Services in any manner that harasses a Student or another Peer Tutor or could interfere with any other party's use or enjoyment of the Services or Lesson Services. You will respect the privacy of others and not use the Services or Lesson Services for unwelcome, rude or abusive communications or in any other manner as determined by Exampl in its sole discretion.
  • You may not use the Services to contact a User to meet in person. You may not provide Lesson Services to a Student outside of the Services, nor will you attempt to obtain payment or compensation for Lesson Services except in accordance with the “Payments” section, below.
  • As a Peer Tutor, you may be rated and reviewed by Students on completion of every Tutoring interaction. It is the Student’s discretion to rate and review you at any level he/she considers appropriate. You agree not to hold Exampl responsible for any such rating/review made by the Student

13.3. CONSENT TO BACKGROUND CHECK

  • IN CONNECTION WITH YOUR USE OF THE SERVICES AS A PEER TUTOR AND AN INDEPENDENT CONTRACTOR OF EXAMPL, YOU ACKNOWLEDGE AND AGREE THAT EXAMPL MAY, IN ITS DISCRETION AND FOR ITS OWN BENEFIT, OBTAIN INFORMATION FROM THIRD PARTIES CONCERNING YOUR CREDIT HISTORY, CRIMINAL HISTORY, SOCIAL SECURITY VERIFICATION, MOTOR VEHICLE RECORDS, VERIFICATION OF YOUR EDUCATION OR EMPLOYMENT HISTORY, OR OTHER BACKGROUND CHECKS. THE COST OF SUCH AN INVESTIGATION WILL BE COVERED BY EXAMPL. IF REQUESTED BY EXAMPL, YOU AGREE TO PROVIDE YOUR WRITTEN AND/OR ELECTRONIC CONSENT TO SUCH AN INVESTIGATION.

13.4. PEER TUTOR PAYMENTS FOR SERVICES

  • If you register to use the Services as a Peer Tutor and provide Lesson Services via the Services, you agree that such Services are provided Pro Bono and that you fully understand and agree that you shall not be entitled to receive a payment from Students or from Exampl, for the provision of Lesson Services.

14. ADDITIONAL TERMS FOR SCHOOLS AND TEACHERS EMPLOYED BY SUCH SCHOOLS

  • If you are or represent a school and sign a services contract with Exampl, the terms under such service contract shall be applicable to you and such terms shall be in addition to the clauses in this Terms of Use.
  • If you are a teacher hired or employed by a School to provide lesson services to students, clauses 13.1 and 13.2 above shall be applicable to you.
  • As a Teacher employed by a School, no payment is due to you from Exampl for Lesson Services provided by you to Students and payments if any, are a private matter between you and the School. You agree not to hold Exampl responsible for any payment related matter or disputer between you as a Teacher and the School

15. DISCLAIMER OF WARRANTY

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
  • THE COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
  • YOU ACKNOWLEDGE AND AGREE THAT EXAMPL DOES NOT HAVE AN OBLIGATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TUTORS, BUT MAY CONDUCT SUCH CRIMINAL BACKGROUND CHECKS OR SCREENING OR INTERVIEWS IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT EXAMPL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SERVICES. EXAMPL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
  • NOTHING IN THESE GENERAL TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

16. LIMITATION OF LIABILITY

  • SUBJECT TO SECTION 13 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  • THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  • SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO EXAMPL FOR ITS SERVICES IN THE PAST 12 MONTHS, OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

17. INDEMNIFICATION

  • You agree to hold harmless and indemnify Exampl, and its parent company or companies, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Exampl and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the General Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

18. COPYRIGHT POLICY

  • We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
  • DMCA Notice of Alleged Infringement (“Notice”)
    • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    • Include both of the following statements in the body of the Notice:
      • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent,
Learning Ray, Inc.
4867 Ashford Dunwoody Rd, Apt #7206
Dunwoody, GA 30338
support@forexampl.com

19. THIRD-PARTY CONTENT

  • You may be able to access or use certain third party services, resources, content or information (“Third Party Materials”) through your use of the Services.  You acknowledge that you are solely responsibility for and assume all risk arising from your access to or use of any such Third Party Materials, and Exampl disclaims any liability that you may incur arising from your access to or use of such Third Party Materials through your use of the Services.
  • You acknowledge and agree that Exampl:  (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.
  • Through our Services, we do not imply any endorsement of Third Party Materials or any such third party services.

20. THIRD PARTY SOFTWARE

  • The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these General Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

21. FEEDBACK

  • You may choose to or we may invite you to submit comments or ideas or reviews or ratings (on the App Store or the Google Play Store) about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, provided without restriction, and will not place Exampl under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
  • Additionally, in connection with your receipt of Lesson Services, you may have the opportunity to leave feedback and make comments about your experience with the Tutor or the Student, with whom you have interacted (“Tutor Reviews and ratings and Student Reviews and ratings”). Exampl advises you to exercise caution and good judgment when leaving such comments. Once you submit your comments to via the Services you may not be able to go back and edit your comments, and such comments may be publicly viewable by other Users. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be false or defamatory. Exampl has no obligation to monitor or censor comments that are provided by Student, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these General Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Exampl disclaims any and all liability relating to Tutor or Student Reviews. Notwithstanding the foregoing, Exampl does reserve the right, in its sole discretion, to remove any Tutor or Student Reviews that it deems to be inconsistent with these General Terms.

22. MISCELLANEOUS

  • These General Terms, together with our Privacy Policy, as well as the Tutor Terms of Use (if applicable) constitutes the entire agreement between the parties relating to the Services and all related activities. These General Terms shall not be modified except in writing signed by both parties or by a new posting by Exampl, of these General Terms on the website (www.forexampl.com) or updated within the mobile app. If any part of these General Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Exampl to exercise or enforce any right or provision under these General Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Exampl must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these General Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These General Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these General Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

23. CONTACT US

  • If you have any questions about these General Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@forexampl.com
  • When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.