Please read these terms of use carefully, as they can affect your legal rights and obligations. Please note that your use of and access to our services (defined below) are subject to the following terms. By agreeing to these terms, you expressly acknowledge that you understand the terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to all of the following, you may not use or access the services in any manner.
These AplusXpert Terms of Use ("Terms of Use") apply to the websites, mobile apps, and other interactive features and services that post a link to these Terms of Use (each, a "Service" and collectively, the "Services" or "AplusXpert Websites"). By using the Services, you agree to all the Terms of Use. If you do not accept the Terms of Use, you are not authorized to use our Services and must cease all such use immediately.
Unless you opt out of arbitration within 30 days of the first date you agree to abide by these terms of use by strictly following the opt-out procedure specified in the "arbitration" section below, and agree that disputes between you and AplusXpert will be settled by binding, individual arbitration and you waive your right to participate in a lawsuit of class action or class-wide arbitration, except for certain types of disputes described in the "arbitration" section below.
We will draft those Additional Terms for You with the relevant Services. If you use those Services, the Additional Terms will become a part of this agreement between You andAplusXpert. Unless there is a conflict between these Terms of Use and the Additional T&C, the Additional Terms will control unless they expressly state otherwise.
AplusXpert provides various online services designed to improve the overall academic experience and help users save money while having the best services. You may only have one AplusXpert account for using the Services and neither create more than one account nor share any Services with others. All inputted information must be accurate and complete besides being entirely yours, and you must never impersonate any other person or use a name that is not yours. It is your responsibility to keep your account information accurate and updated. When you set up a new account, you must enter a strong password, and you are solely responsible for maintaining the privacy of that password for any use of your account. You agree never to use the account, username, or password of a different user or share your account details with any third-party. You agree that you will not sell, share, or transfer your membership or any membership rights. You agree to notify AplusXpert immediately if you suspect any unauthorized use of your account or if any user has access to your password. AplusXpert holds the right to determine any severe negligence from your side enough to terminate your account at our sole discretion, without any prior notice given to you.
The Services are owned and entirely operated by AplusXpert. Unless explicitly specified by AplusXpert, all the materials that are included as a part of the Services - including past, present, and future versions, domain names, icons, source and object codes, website design and logos, graphics selection, assembly, and arrangement, and the "look and feel" of the Services (together, "AplusXpert Content"); are owned, controlled, or licensed by AplusXpert or any third-party partners. Contents at AplusXpert are protected from unauthorized use, copying, exploiting, dissemination by copyright, trademark, patent, and different other rules and regulations, laws, and treaties. All rights in publications included in the Services are reserved entirely by AplusXpert.
Any unauthorized use of AplusXpert Content is strictly prohibited.
Any unauthorized use of the questions or subject materials appearing on the Services may violate copyright, patent, and other rules and regulations, laws, treaties, and trademarks, resulting in criminal or civil penalties. Any unauthorized use of the questions or subject materials appearing on the Services may violate copyright, patent, and other rules and regulations, laws, treaties, and trademarks, resulting in criminal or civil penalties.
Subject to your compliance with these Terms of Use, AplusXpert grants you a personal, non-exclusive, revocable, non-commercial, and non-transferable license to view the contents atAplusXpert. You may only use the Services for your personal use as a tutor, not for anyone else. You agree never to view, copy or gather information from the Services by automated means or use different data mining technologies to frame, mask or extract data from AplusXpert unless you are formally authorized by AplusXpert under any separate written agreement or statement. No questions, topics, or subject matters from the website are to be copied, reproduced, reused, downloaded, modified, uploaded, or republished, posted, distributed, or transmitted in any form or way without having prior written permission or allowance or as expressly provided in these Terms of Use.
Additionally, we will only send emails of interest to you. You have the right, at any time to discontinue marketing or promotional communications from us by opting out. You can manage your email preferences or opt-out by adjusting your communication preferences in your account settings on Website, following the unsubscribe instructions provided in each piece of communication, or by contacting us directly as specified below in this Privacy Policy.
When you download or use the contents atAplusXpert, as mentioned and authorized in these Terms of Use, you must -
(1) Keep all the proprietary and copyright notices intact
(2) Never make any modification to the AplusXpert Contents
(3) Never copy or adapt any object code associated with the Services atAplusXpert, or try to reverse engineer, modify or attempt to uncover any source code associated with the same Services, or neither allow nor provide assistance to any third-party to do so.
(4) All rights not granted herein are also reserved by AplusXpert. Where you operate or have access to subject matters, you cannot share those with others. AplusXpert may impose restrictions on your scope of access to AplusXpert content to prevent unauthorized third-party access from using that content.
NOTICE TO THIRD-PARTY WEBSITES: Any AplusXpert content made available in connection with your website or our Widgets, third-party Widgets, or otherwise, is exclusively our property, and we make no grant of any intellectual property rights to your site. We retain the right to demand that you pause and cease any use of AplusXpert Content upon a notice issued by us.
When you submit, post, display, show, upload, communicate, email or link or otherwise distribute or publish any review, issue, problem, idea or suggestion, question, answer and solutions, testimonial or feedback, message, image and video, text, profile data or any other material (i.e., "User Content") toAplusXpert, any AplusXpert employee or contractor, or a AplusXpert Website; you grant AplusXpert and our affiliates, distributors, licensees, representatives, agents and other individuals or entities authorized by AplusXpert; a royalty-free, non-exclusive, worldwide, fully sublicensable, perpetual, unlimited, irrevocable and fully transferable right to exercise any trademark, publicity, copyright and database rights you have in the contents, in any media, known now or in the future, and to reproduce, use, make, modify, copy, display, distribute, show, exhibit, sell or offer for sale, create derivative works based upon and otherwise use the User Content.
Please note that we may create, design, facilitate or display social advertisements, where your profile details may be used to advertise our products and services to the network, based on your use of our Services and interactions with AplusXpert third-parties through the Services. You agree that your User Content will be treated as non-proprietary and non-confidential. You also understand that it will not be returned, except as otherwise described in the Privacy Policy or any other agreement on the Services presented to you when you provide your User Content. You hereby acknowledge and agree that you do not have any confidential, fiduciary, or any particular relationship. Your decision to post any User Content does not place AplusXpert in any position, which is different from the position held by any ordinary member of the general public regarding your User Content. None of your posted User Content will be subject to any obligation of confidence on the part ofAplusXpert. It is part of our policy that we do not accept or consider any content, ideas or information, suggestions, or other subject materials other than those we have particularly requested, to which specific T&C may apply. It is to avoid any misunderstanding if your ideas are identical to something we have developed or are developing independently.
You agree that AplusXpert has no obligation to monitor or enforce your intellectual property rights to your posted User Content but has the right to protect and enforce its and the licensee's rights to your User Content. You also acknowledge and agree that AplusXpert will not have any obligation to you regarding User Content, to the fullest persimmon of the applicable laws. AplusXpert may or may not display, monitor, show, or accept your User Content and has the right to delete it at any time. We are not obligated to review User Content before posting it or distributing it through our Services, but we may. It includes private messages exchanged between you and the other users through the same Services. This "User Content and Activities" section shall survive any termination of your relationship withAplusXpert.
You are solely responsible for any User Content that you submit, through or in connection with our Services, and any subject material or information you convey to the other users and your interactions with them. When you contribute, upload, post, or otherwise provide User Content via the Services, you agree strictly abide by our Community Usage Rules. In addition to finding and removing such prohibited contents, AplusXpert may also terminate the responsible accounts and, in the worst cases, report such activities to law enforcement authorities.
Prohibited User Content includes specific points, but is not limited to them, as what AplusXpert determines:
AplusXpert reserves the right in sole discretion to make changes or discontinue any of our Services at any time. Any description provided by AplusXpert is not a validation or promise that the Services will always work in the same way. AplusXpert keeps updating its Services, which will not always be reflected in our Terms of Use.
Notifications or receipts from AplusXpert will be sent directly to you via your email address. AplusXpert may occasionally contact you if we have something vital to share with you regarding your tutorship. Remember that AplusXpert will never ask for your details, account username or password, and other sensitive information from you via email. Suppose you ever receive such an email that claims to be sent fromAplusXpert. In that case, it is fraudulent, and AplusXpert holds no responsibility for any misuse of any information that you provide.
You may request cancellation of your tutor account in AplusXpert throughout your use of our Services. With the fullest permission of the applicable law, your account will be cancelled and deleted shortly after that. AplusXpert can also terminate your account in its sole discretion for any reason, including inactivity or misuse of it. Please do remember that even after your account is deleted, your shared and submitted answers may persist.
AplusXpert may require the tutors to provide a valid payment method (either a bank account or PayPal details) connected to an account at any financial institution. This account should also be tied with your AplusXpert profile to ensure that our tutors receive their monthly payments upon working with us. For receiving your payments from our site, you are responsible for providing AplusXpert a valid and active payment method. AplusXpert will not be responsible if you have provided incorrect payment details, and instead of you, some other individual receives your payment. In such a case, AplusXpert will not assist or support tutors, nor will they again send your payment for the previous month to you from our side. Third-Party Links and Applications There may be links from AplusXpert that led you to third-party websites or use any such online feature. There may also be Services that include third-party contents that we neither control, maintain, or endorse.
Functionality on the Services at AplusXpert may also permit our tutors' interactions between the Services and a third-party website, containing applications that connect your profile with a third-party site. For example, there may be a 'button' or a feature that lets you 'like' or 'post' anything on any social networking site for a specific product or service. Using this functionality means that you need to login into your social networking account on the third-party website. AplusXpert does not control or maintain any content that you see on the third-party website, nor do we acknowledge any practices of them.
Accordingly, you expressly acknowledge and agree that we do not make any representations or guarantees about the accuracy, existence, or completeness of any feature or content you see on the third-party website. YOUR CORRESPONDENCE AND BUSINESS DEALINGS MADE WITH SUCH THIRD-PARTY WEBSITES, AT ANY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES ASSOCIATED WITH ANY SUCH DEALINGS, ARE COMPLETELY BETWEEN YOU AND THE THIRD-PARTY WEBSITE.
Neither AplusXpert nor any of its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from AplusXpert or others.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Accordingly, you expressly acknowledge and agree that we do not make any representations or guarantees about the accuracy, existence, or completeness of any feature or content you see on the third-party website.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS MADE WITH SUCH THIRD-PARTY WEBSITES, AT ANY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES ASSOCIATED WITH ANY SUCH DEALINGS, ARE COMPLETELY BETWEEN YOU AND THE THIRD-PARTY WEBSITE.
You agree to indemnify and holdAplusXpert, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
AplusXpert respects individuals' intellectual property rights, groups of entities and takes the protection of intellectual property and copyrights very seriously. If any entity wants to report potentially infringing content, the person needs to be either the owner of the intellectual property or someone working on behalf of the owner.
If you feel that your content or work has been infringed through the Services, you need to provide the following information to AplusXpert -
Note: The contact information and the other details mentioned above are only for making inquiries regarding potential copyright and other infringement issues.
It is often difficult to determine and judge whether your intellectual property rights have been violated or if the DMCA requirements have just been met. For that reason, we may request to have additional information before we proceed to remove the alleged infringing material. However, suppose a dispute develops as to the correct owner's rights in question.
In that case, we have the fullest rights to remove that content and the pending infringement resolution of the matter. AplusXpert will provide you with notice if your materials are removed based on a third-party complaint of an alleged infringement of their intellectual property rights.
AplusXpert has a policy of terminating and permanently banning accounts of tutors who repeatedly infringe intentionally on the intellectual properties of different owners.
Your detailed contact information incorporating all the fields like name, address, contact number, email ID
A brief description of the copyrighted work that you claim to be infringed
A reasonable and valid location or description where the accused content is located on the Services
Your signature, either electronic or physical
Any factual information that is sufficient to permit us contacting the complaining party.
If any dispute occurs between you and AplusXpert our primary goal will be resolving the dispute as early as possible, on a cost-effective and neutral ground. You agree and acknowledge that we will resolve any claim, disputes, or controversies at law or equity that relates to the Terms of Use, following the sections below -
You and AplusXpert agree and acknowledge that if any dispute, claim, controversy, breach, termination, and enforcement (collectively termed as "Disputes") are created to the Terms of Use, then it will be settled by binding arbitration, except that the other party retains the right to take individual action to a small claims court. Without limiting the preceding sentence's duration, you also can litigate any other Disputes if you provide AplusXpert with a written notice. Suppose you do not provide AplusXpert with an Arbitration Opt-out Notice within one month. In that case, you will be deemed to have intentionally waived your right to litigate any existing Disputes, except as expressly outlined concerning those individual actions in the small claims’ courts.You agree and acknowledge that you and AplusXpert waive the rights to participate as a plaintiff or a class member in any of the purported class actions or a related representative proceeding. Note that, unless you and AplusXpert agree, the arbitrator may not integrate more than one person's claims and may not preside over any form of class or representative proceeding. If this specific paragraph is made unenforceable, then the entire "Legal Disputes" section will be considered void. Therefore, this "Legal Disputes" section shall survive any termination or cancellation of these Terms of Use. Each party reserves the right to seek any form of equitable relief in a court of competent jurisdiction concerning any dispute related to infringement issues, violation of a party's intellectual property rights, or a potential breach of the User Content and this Agreement's provisions of Activities.
You agree and acknowledge that you and AplusXpert waive the rights to participate as a plaintiff or a class member in any of the purported class actions or a related representative proceeding. Note that, unless you and AplusXpert agree, the arbitrator may not integrate more than one person's claims and may not preside over any form of class or representative proceeding. If this specific paragraph is made unenforceable, then the entire "Legal Disputes" section will be considered void. Therefore, this "Legal Disputes" section shall survive any termination or cancellation of these Terms of Use. Each party reserves the right to seek any form of equitable relief in a court of competent jurisdiction concerning any dispute related to infringement issues, violation of a party's intellectual property rights, or a potential breach of the User Content and this Agreement's provisions of Activities.
You may be allowed to review the information and details that you have provided us on our Services and be allowed to make desired changes to that information or any of your account settings. You can do these by logging into your account and making the necessary changes or deleting any information.
We store your personal data and information as described in this Privacy Policy and keep them as long as you are a tutor at AplusXpert or as necessary to fulfil the purpose for which it was collected from you. You may read more about the purposes from the above points.
We take safeguarding measures to ensure that your information is treated securely and following this Privacy Policy. However, it is unfortunate to mention that no system is 100% secure, and we cannot fully ensure or warrant the security of any information you provided to us. With the fullest permission of the applicable law, we do not accept liability for unintentional data disclosure.