This Agreement ("the User Agreement") states the terms and conditions under which you may use this web site and our hosted services, which together we call the XPressTutor.com Service. Any use by you of the XPressTutor.com Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE XPressTutor.com SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND XPressTutor.com. If you do not accept the terms and conditions contained in this User Agreement, do not use the XPressTutor.com Service. Upon notice published through the XPressTutor.com Service, we may modify this User Agreement at any time.
XPressTutor.com grants you a terminable non-exclusive, non-transferable license to use the XPressTutor.com Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions.
XPressTutor.com has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
The computer software, artwork and other components included in the XPressTutor.com Service are the copyrighted property of XPressTutor.com and its licensors. The XPressTutor.com Service is licensed (not sold) to you, and XPressTutor.com owns all copyright, trade secret, patent and other proprietary rights in the XPressTutor.com Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the XPressTutor.com Service; (b) modify, translate, distribute or prepare derivative works of the XPressTutor.com Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the XPressTutor.com Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the XPressTutor.com Service and accompanying documentation. You may not transfer the XPressTutor.com Service. Your license is automatically terminated if you transfer the XPressTutor.com Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE XPressTutor.com Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH XPressTutor.com OR ITS LICENSORS, AS THE CASE MAY BE.
You further acknowledge and agree that XPressTutor.com has no obligation to preview, screen or monitor any Content that may be added XPressTutor.com Service by other users, whether publicly posted or privately transmitted through the XPressTutor.com Service. XPressTutor.com does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will XPressTutor.com be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the XPressTutor.com Service. By using the XPressTutor.com Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the XPressTutor.com Service, including user posted Content that may be offensive, indecent or objectionable. XPressTutor.com has the right to suspend, restrict or terminate your use of the XPressTutor.com Service and to refuse any future use of the XPressTutor.com Service(or any portion of the XPressTutor.com Service) if XPressTutor.com has reason to believe that you are responsible for user posted Content that XPressTutor.com deems inappropriate.
You agree, as a condition of your use of the XPressTutor.com Service, to provide XPressTutor.com with accurate and complete information when registering for the XPressTutor.com Service. XPressTutor.com has the right to suspend, restrict or terminate your use of the XPressTutor.com Service and to refuse any future use of the XPressTutor.com Service(or any portion of the XPressTutor.com Service) if XPressTutor.com has reason to believe that you have failed to comply with these requirements.
XPressTutor.com Services fee is refundable up to 100% of the paid amount upon request within thirty (30) days from the date of your fee payment date. Acceptable reasons for refunds are delays, no submission and wrong answers. We also have provision of partial refund if you are not satisfied with the quality of solution.
As a condition of your use of the XPressTutor.com Service, you warrant to XPressTutor.com that you will not use the XPressTutor.com Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the XPressTutor.com Service in any manner that could damage, impair, disable or overburden the XPressTutor.com Service or in any way interfere with XPressTutor.com's rights or any other user's use and enjoyment of the XPressTutor.com Service, or otherwise infringe on any person's rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the XPressTutor.com Service. The XPressTutor.com Service contains confidential trade secret information belonging to XPressTutor.com, and you may use the XPressTutor.com SERVICE only pursuant to the license set forth herein. In addition, you may not disclose the XPressTutor.com SERVICE to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE XPressTutor.com SERVICE SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO XPressTutor.com OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT XPressTutor.com SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY.
When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify XPressTutor.com of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify XPressTutor.com by sending an email to vs.support@XPressTutor.com XPressTutor.com will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
You agree that XPressTutor.com may limit your use of the XPressTutor.com Service, including without limitation the frequency and duration for which you may access the XPressTutor.com Service, and that XPressTutor.com has no responsibility or liability for any unavailability or limitation on use of the XPressTutor.com Service. In addition, XPressTutor.com reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the XPressTutor.com Service(or any part thereof) with or without notice. You agree that XPressTutor.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the XPressTutor.com Service.
You acknowledge and agree that the XPressTutor.com Service and any necessary software used in connection with the XPressTutor.com Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the XPressTutor.com Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
YOU AGREE THAT:
(a)If YOU USE THE XPressTutor.com SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE XPressTutor.com SERVICE IS PROVIDED ON AN "AS IS AND AS AVAILABLE BASIS. XPressTutor.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)XPressTutor.com DOES NOT WARRANT THAT (i) THE XPressTutor.com SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE XPressTutor.com SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XPressTutor.com SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE XPressTutor.com SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR XPressTutor.com COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c)IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE XPressTutor.com SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d)NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM XPressTutor.com OR THROUGH OR FROM THE XPressTutor.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT XPressTutor.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF XPressTutor.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE XPressTutor.com SERVICE; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE XPressTutor.com SERVICE; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE XPressTutor.com SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE XPressTutor.com SERVICE.
You agree to indemnify, defend and hold harmless XPressTutor.com, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys� fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the XPressTutor.com Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the XPressTutor.com Service for competitive purposes.
You agree that XPressTutor.com may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the through the XPressTutor.com web site.
For users who choose to use the free trial version of the XPressTutor.com Service, the Service is available for free usage for a limited period of time. All or a subset of all features of the Service may be made available for the free usage for a limited time. If the account of a trial user is dormant or inactive for than 60 days, the account will be automatically deleted.
XPressTutor.com TM, the XPressTutor.com logo and other XPressTutor.com logos, product and service names may be trademarks, service marks or other intellectual property of XPressTutor.com. (the XPressTutor.com Marks). You agree not to display or use the XPressTutor.com Marks in any manner without the prior permission of XPressTutor.com.
The User Agreement governs your use of the XPressTutor.com Service and constitutes the entire agreement between you and XPressTutor.com. It supersedes any prior agreements between you and XPressTutor.com. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights XPressTutor.com possesses with respect to this User Agreement.
The User Agreement and the relationship between you and XPressTutor.com shall be governed by the laws of India without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the XPressTutor.com Service or the User Agreement must be filed within one (1) year. You further consent and agree that the courts of Bangalore, India are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the XPressTutor.com Service or the User Agreement.
Any failure by XPressTutor.com to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.