These terms and conditions ("Agreement") govern your use of the education website and its learning platform ("Service") offered by Explorr ("Company") to students from K-12. By accessing or using the Service, you agree to be bound by this Agreement.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Explorr
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Explorr.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Explorr, accessible from http://www.explorr.co
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
1. Access and Use of Service The Service is available worldwide to students. Users can create personal accounts and login to access more content and share their progress with friends and other users from around the world. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device to prevent unauthorized access to your account.
2. Prohibited Use Users shall not abuse or distort the website or the app in any way. Any use of the Service in violation of this Agreement is strictly prohibited and may result in the immediate termination of your account and further legal action.
3. User Content Users are allowed to post comments on the website and app. However, if these comments are harmful, disrespectful and abusive, and found to not meet terms and conditions, the user accounts can be blocked and terminated, upon the discretion of the Company. Users are solely responsible for their own content posted on the Service.
4. Intellectual Property The contents, logo, and other visual media created by the Company are the property of the Company and are protected by copyright laws. Users are not permitted to use or reproduce any of the Company's intellectual property without the Company's express written consent.
5. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of [State], United States of America, without giving effect to any principles of conflicts of law.
6. Links to Other Websites The Service may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of any linked third-party websites and makes no representations or warranties regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk.
7. Limitations of Use By agreeing to use the Service, users also agree not to do certain things, including but not limited to: (a) use the Service for any illegal purpose; (b) interfere with or disrupt the Service or servers or networks connected to the Service; (c) use any robot, spider, or other automatic device to monitor or copy any portion of the Service; (d) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files or code; (e) attempt to gain unauthorized access to any portion of the Service or any related networks or systems; and (f) use the Service to harass, abuse, or harm another person.
8. Modification of Terms and Conditions The Company reserves the right to modify these terms and conditions at any time, and without notice to you. Your continued use of the Service after any such modifications constitutes your acceptance of the revised terms and conditions.
9. Termination of Service The Company reserves the right to terminate your access to the Service at any time, without notice, for any reason, including but not limited to your violation of this Agreement.
10. Limitations of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
11. Disclaimer of Warranties THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
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