Solvr Terms of Use - Solvr-1;May 5th, 2021
Thanks for visiting Solvr website and mobile application. This document sets forth the terms and conditions that apply to your use of the site.
Please read the following terms of use (“Terms”) carefully before using Solvr website or mobile applications. A Squared Technologies Inc. o/a Solvr (“Solvr”) and the web pages available at www.solvrapp.com and mobile application available on Apple Store or Google Play are operated by A Squared Technologies Inc., an Ontario incorporation. These pages and all linked pages together form the “Site”. These Terms apply to any use of the Site and/or Services (as defined below).
By accessing the Site, viewing content contained on the Site (“Content”), using any Services (as defined below) available on the Site or by using any Site applications (including mobile and desktop applications), you agree to be bound by these Terms, which, together with our Privacy Policy, govern the relationship between you (“you”, and also “your” or “yours” or “User(s)” or “Tutor”) and Solvr (“We” or “Us” or “Our(s)”) in relation to the Site and Services (“Agreement”). These Terms affect your legal rights and obligations. “Services” include, but are not limited to, any service we make available to or perform for you related to the Site. If you do not agree to the Terms, please do not use the Site. Your use of the Site is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services or information available through this Site meet your specific purposes.
By using or accessing the Site and/or Services, whether manually or by automated means, you agree to these Solvr Terms. If you have any questions or concerns, please do not hesitate to contact us.
The Site provides a variety of services, both online and offline, designed to improve the overall academic performance. You may only have one Solvr account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS OF USE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SOLVR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may revise these Terms, including fees policy, from time to time and the most current version will always be posted to our Site. If a revision is, in our sole discretion, material we will notify you and confirm your acceptance of the new terms. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
You may use Solvr's homework help services as a "Student" or as a “Tutor.” "Student" who may be charged for services according to the terms of the particular offer. “Tutor(s)” are users who help a Student with their homework.
Solvr makes online tutoring services available through the Solvr Site (the "Services"). You understand and agree that Solvr acts only as an interface to facilitate communications between users and Tutors and to collect payment from users on behalf of Tutors. THE SERVICES COMPRISE AN ONLINE PLATFORM, WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT SOLVR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND TUTORS. TUTORS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF SOLVR. SOLVR HAS NO CONTROL OVER THE LESSON SERVICES OR CONDUCT OF USERS, TUTORS AND OTHER USERS OF THE SITE AND SERVICES.
Certain areas of the Solvr Site (and your access to or use of certain Services) including any policy pages may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions or policies posted for a specific area of the Solvr Site, or Services, the later terms and conditions will take precedence with respect to your use of or access to that area of the Solvr Sites, or Services, as applicable. Policies relating to Services may be found here, and are hereby incorporated into this Agreement.
PLEASE NOTE THAT SOLVR DOES NOT CONFIRM THE INFORMATION IN A TUTOR’S PROFILE, THEIR COMPETENCY, THEIR BACKGROUND NOR THEIR PROFICIENCY IN THE SUBJECT MATTERS WHERE THEY OFFER THEIR SERVICES. SOLVR CANNOT AND DOES NOT CONTROL THE SERVICES PERFORMED BY TUTORS FOR USERS, OR THE ACTIONS OF ANY TUTORS, USERS OR OTHER USERS OF THE SITE AND SERVICES. SOLVR IS NOT RESPONSIBLE FOR THE ACTIONS OF TUTORS, USERS, THIRD-PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD-PARTIES AND ANY PURCHASES OF LESSON SERVICES PROVIDED BY TUTORS ARE DONE AT THE USER'S RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Solvr is not responsible for the use or exchange of any information or files between Tutors and users. Further, Solvr does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Tutors or users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Solvr Site and Services.
Solvr acts as a technology service that facilitates provision of Lesson Services between users and Tutors and does not make decisions related to the provision of, or otherwise exercise control or supervision over, Lesson Services or contents thereof. Solvr does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use, or use by any third-party, of the Solvr Site and Services.
Solvr does not endorse any Tutors. In addition, although Solvr’s Tutor Terms of Use require Tutors to provide accurate information, we cannot confirm or test any Tutor's purported identity or academic qualifications or experience. We are not your agent or the agent of any Tutor. If you ever believe that another User or Tutor has violated law or is defrauding, threatening or endangering anyone, Solvr urges you to immediately contact the police directly for help.
Your use of the Solvr Site or Services may involve the exchange of file attachments between you and a Tutor. Solvr is not responsible or liable for the content of such attachments, and such attachments may be viewed by other Solvr users, or by the public generally. You acknowledge sole responsibility for and assume the risk arising from your downloading any such attachments and posting such attachments. Files from Tutors should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the help materials. Solvr does not guarantee the accuracy or quality of answers that appear on the Services. You further agree the Tutor may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided by instructors of applicable courses.
Schools may have their own policies that place restrictions on a student's ability to make commercial use of study materials or services, even otherwise lawful materials or services. You are responsible for becoming familiar with such policies, abiding by them, and discontinuing the use of any Services if such use is contrary to your school policy or the instruction of your professor.
We know that most of you have never and will never abuse the Services or any of the information, services or materials available through them. You agree to abide by our Honour Code.
You may not use any of the solutions, answers, materials or information available on or through the Services, to cheat. Examples include:
1. Using our Services to complete tests or homework when instructed not to use outside help.2. Otherwise passing along any solutions, answers, materials or information from the Services as your own.3. Any other violation of your instructor's or school's academic honour code.
We will take swift action against anyone found violating this Honour Code. If Solvr is presented with evidence that its Services have been used in a manner contrary to its Honour Code or any other part of these Terms of Use, Solvr may, in its sole discretion, remove the materials and terminate the account of the involved users.
As current and former students, the Solvr team understands the pressures and time constraints school creates. That being said, we also know from the unfortunate tales of our peers that the risk you take by violating your school's code of academic integrity is not worth the reward. Copying solutions or posting unexplained final answers promotes completion without comprehension, and that's something we don't support on the Services.
We are always seeking opportunities to work with educators in making our Site a valuable resource for both you and your classroom for years to come. If you need to contact us concerning an issue of academic integrity, please e-mail us at admin@solvrapp.com
The Site and Services are designed for use by only those individuals who are at least 13 years of age. If you are not 18 years of age or older, please do not use the Site and Services without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorised a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.
With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorised credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the Service(s) you wish to purchase; (iii) your payment will be charged to the credit or debit card or other payment method you use through Stripe and PayPal; and (iv) your purchase is subject to Solvr’s refund policy.
Solvr will initiate a charge on the account for the purchase of Services. These funds will be deposited into the Solvr account to be transferred to the Tutor upon the successful completion of the Services. This charge, may be noted with your financial institution as a pending charge until it is confirmed and, deposited into your Solvr account, usually within seven days - check with your financial institution for additional information. If there is a dispute over the fulfillment of the Services by the Tutor, Solvr will be the sole adjudicator of said dispute pursuant to the Dispute section in this Agreement.
Solvr reserves the right to reject, in its full discretion, any and all purchases made on the Site.
You will also be responsible for paying any duty, or taxes fees applicable to the purchases that you make on Site (“Taxes”).
Solvr charges a transaction fee of all funds deposited to a User Account. This fee is deducted from the funds transferred to the Tutor and is distinct from and exclusive of any regular transaction fee that Solvr charges on a Refund Request.
Subject to the terms set out above, Solvr reserves the right to change its fees policy and structures at any time and from time to time. Any such change will become effective only after Solvr has given you fourteen (14) days’ notice by posting the changes to the Site. However, Solvr may, in its sole discretion, choose to temporarily change its fees policy and the fees for Solvr services for promotional events; such changes are effective when Solvr posts the temporary promotional event to the Site. Solvr may, in Solvr’s sole discretion, change some or all of Solvr services at any time. In the event Solvr introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in CDN Dollars.
In certain situations, including but not limited to a void or invalid transaction, Solvr may issue a credit for the applicable fees to a User Account (“Solvr Credit”). Upon providing you Solvr Credit, to the fullest extent permitted under applicable law, Solvr may place limits on its use. If provided to you in exchange for services or as a refund, it will not expire, though we may with notice after a posted period of time deduct service fees. If the credit was given to you with terms explicitly authorizing redemption for cash, you may convert that credit to cash. If you receive a credit from customer support, you may not redeem it for cash.
You understand you will be responsible for paying all fees and applicable taxes associated with using Solvr and for any Solvr Credit.
The Site uses Stripe or PayPal for payment processing. Solvr’s applicable fees are included in the purchase price you pay to A Squared Technologies Inc.
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Solvr has reasonable grounds to suspect that such information is inaccurate, Solvr may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an online account with Solvr, in which case you will have to create a username and password and to provide registration information, including a valid e-mail address, name, phone number and address.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You may use credentials from Solvr (“Login Partner”) to access certain features of the Site and Services. By using credentials from a Login Partner, you agree that you will not (i) use the credentials of another person with the intent to impersonate that person; or (ii) use credentials subject to the rights of any person without authorization. You are responsible for maintaining the confidentiality of your credentials from the Login Partner and are responsible for all activities (whether by you or by others) that occur under your credentials. You will notify Solvr immediately of any unauthorized use of your password or account or any other breach of security. Solvr assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Solvr account.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you agree to promptly update your Solvr account information so that any messages or notices from Solvr regarding the Services are sent to you and not to the person who is assigned your old number.
For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store or Google Play Store) is not liable to you in connection with our apps.
Notifications or receipts from Solvr will be delivered to you by email at the address you provided to Solvr when you created your account or as later updated, by text messages on your mobile device, or by in app notifications. Solvr will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message UNLESS there is a request to update your password, such as when you click on “forgot username or password,” in which case we will ask for your phone number, or to verify your account when you sign up. If you receive such an email or text message purportedly from Solvr, it is fraudulent and Solvr will have no responsibility for any misuse of any information you provide as a result.
You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after all Services are paid for, or any dispute(s) are resolved, and all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable. Solvr may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, documents, comments, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been shared to others).
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Solvr. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
Solvr shall have the right, but no obligation, to monitor the content on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish. Solvr shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted to the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content (as defined below). Solvr neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Solvr, our employees, or a third party.
Under no circumstances will Solvr be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Solvr is not responsible for any offensive, defamatory, obscene or other posting made through the Site and/or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Solvr’s sole discretion is inappropriate, objectionable or in violation of these Terms.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to Solvr. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither Solvr nor any third party content provider shall assume or have any liability for any action or inaction by Solvr or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services.
You retain ownership of any content you submit to the Site or through the Services (“User Generated Content”). However, by submitting your User Generated Content to Solvr, you hereby grant Solvr the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licences:
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive licence to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for users to send and distribute your User Generated Content; and (iv) the non-exclusive licence to users to use, reproduce, distribute, remix, prepare derivative works and compilations of, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.
For each piece of User Generated Content you submit, you represent and warrant that (i) you have the right to submit the Content to the Site and grant the licenses set forth above; (ii) Solvr will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.
Solvr may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your licence will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Solvr account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
For greater certainty, any obligation on your part to pay a fee to Solvr pursuant to these Terms or any other agreement between you and Solvr shall survive termination or suspension, whether by you or Solvr. Any fee so payable will remain payable and your failure to pay such fee within a reasonable time shall be deemed to constitute a breach of your agreement with Solvr and may result in legal action.
Furthermore, your failure to pay any such fee shall be a ground for termination of your account.
Content that you have shared with others on the Site and/or Services may still be available after the termination of your account. It is your responsibility to remove your User Generated Content from your account prior to termination. Upon termination of your account Solvr may remove all Content posted to your account.
The Site and/or Services may provide, or third parties may provide, links to other World Wide Websites or mobile applications or resources. Because Solvr has no control over such sites and resources, you acknowledge and agree that Solvr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Solvr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Functionality on the Services may also permit interactions between the Services and a third-party web site or online feature, including applications that connect the Services or your profile on the Services with a third-party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific Tutor or a specific service, or a feature that lets you post to your social networking page a link to Services or the ability to share content from the Services or your User Generated Content with a third-party, which may be publicly posted on that third-party's web site. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither Solvr nor its service providers are responsible for the practices of any third-party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, services or other materials on or available from third-party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH SUCH THIRD-PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.
Registration Data and certain other information about you are subject to our Privacy Policy (for more information, see http://www.solvrapp.com/privacy). You understand that through your use of the Services you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy and in order to provide the Site and Services to you.
Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Solvr. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Solvr.
Images displayed on the Site and/or Services are either the property of, or used with permission by, Solvr. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Solvr reserves the right to enforce its intellectual property rights where applicable.
Solvr will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Site.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Email: Solvr
You hereby expressly and irrevocably release and forever discharge Solvr, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
IN NO EVENT SHALL THE SOLVR PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) USER GENERATED CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SOLVR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SOLVR PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE SOLVR PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO SOLVR IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE SOLVR PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE SOLVR PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE SOLVR PARTIES, OR FOR THE SOLVR PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH SOLVR.
RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER USER GENERATED CONTENT OWNED OR CONTROLLED BY THE SOLVR PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER,
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SOLVR ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOLVR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOLVR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, SOLVR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SOLVR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. SOLVR DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF SOLVR ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, THE SOLVR DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SOLVR, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Solvr Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Generated Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Solvr Parties' use of your information or User Generated Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Solvr. You will cooperate as fully required by the Solvr Parties in the defense of any claim. The Solvr Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Solvr Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Solvr.
Solvr maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Solvr may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Solvr strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Solvr will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to Solvr, you are communicating with us electronically. You consent to receive communications from Solvr electronically. Solvr may communicate with you by email, messaging applications, electronic notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Solvr provides to you electronically satisfy any legal requirement that such communications be in writing.
The Site and Services are based and located in Canada. If you are a non-Canadian user of Site, by visiting the Site, using the Services and/or providing Solvr with any User Generated Content specifically or Content generally, you agree to comply with all federal and provincial Canadian laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.
These Terms are in addition to, and do not nullify, any other agreement between you and Solvr or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Solvr, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use Solvr in order to make a payment, your use of that service is governed by their respective user agreements. Solvr’s user agreement can be viewed [here].
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to Solvr Sites or mobile applications, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.
If a dispute arises out of, or in connection with this Agreement, you agree to pursue resolution through negotiation and mediation.
If a dispute arises out of, or in connection with this Agreement, and the parties do not resolve some or all of the dispute through negotiation, then the parties agree to refer the dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide Solvr with written notice of your desire to do so by email at https://www.solvrapp.com/contactus/ or regular mail at our offices located at A Squared Technologies Inc., 5863 LESLIE STREET Attn: General Counsel within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you do not provide Solvr with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Disputes except as expressly set forth with respect to individual actions in small claims courts.
For disputes arising between Users and Tutors, you agree to abide by the following dispute process. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Solvr will not and is not obligated to provide any dispute assistance beyond what is provided in this section.
You must review and approve or dispute the fees within twenty-four hours of the completion of the tutoring services. If no dispute is initiated then the invoice will be automatically approved and released to the Tutor. If a dispute is initiated, then there will be an additional four days to review and resolve the dispute before funds are released. A dispute could be initiated for some or all of the time invoiced.
If you approve or give instructions to Solvr to make payment to a Tutor. Such instruction is authorization to release payment and/or charge your payment method for payment. When you give such instruction, you are agreeing that you have received, inspected, and accepted the Tutor’s work or expenses. Solvr will then transfer funds to the Tutor and Solvr will have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of services described in this Agreement, Client agrees that once Solvr has transferred the funds, the charge is non-refundable.
In addition, Solvr is authorized to and will release funds or portion thereof to the Tutor, upon the occurrence of and in accordance of the User and Tutor jointly asking for the funds to be released, you approval of portion or all of the invoice, failure to dispute within twenty-four hours, Solvr reviews the work completed and determines that the time charged relates to your instructions to the User, an order of a court or arbitrator, or in our sole discretion if there is fraud, an illegal act or a violation of this Agreement then we can take appropriate actions or as otherwise required by applicable law or the Terms of Service.
You agree that if you are dissatisfied with the Site or any Services offered in connection with the Site, if you do not agree with any part of these Terms, or if you have any other dispute or claim with or against Solvr concerning your use of the Site or access to the Services or otherwise to do with these Terms, your sole and exclusive remedy is to discontinue using the Site and any Services offered in connection with the Site.
The then-current Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Solvr regarding the Services. The Terms of Use may not be modiied without the consent of a duly authorized representative of Solvr and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Solvr signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with Solvr.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Solvr in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Solvr shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Solvr’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Solvr may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.