- A "Full Member" is an individual 13 years of age or older who has access to and may use the Service.
- A "Parent Member" is a Full Member who is also a parent or legal guardian of a Child Member.
- A "Child Member" is an individual under 13 years of age who has limited access to the Service, and may only use the Service with the consent and under the supervision of a Parent Member.
- A "Company Member" is not an individual but an entity that is independent of its owners pursuant to applicable law ("Company"), and may include corporations, limited companies and limited liability companies. Each Company Member may have one or more accounts controlled by the Company, but each individual using a Company Member account must be 18 years of age or older, and must be authorized by the Company to establish, use and control the account on behalf of the Company.
2. About the Service
Flexiguru does not endorse or vouch for you or any other FlexiguruMembers, or third parties, or for the information you or they share on the Service. You are responsible for all information that you post or share, and each Member is solely responsible for verifying the accuracy and completeness of any information received via the Service. Flexiguru does not verify the identity of Members, thus you are solely responsible for determining the identity and suitability of others who you may choose to share with, contact or communicate with through the Service. Flexiguru has the right (but not the obligation), in its sole discretion, to remove or refuse access to the Service to any Member at any time in Flexiguru's sole discretion.
3. Learner, Educator and Collaborator Features
The Member experience for learners involves registering for an account, searchingFlexiguru for a topic of your choice, andaccessing free content or purchasingpaid content in a variety of forms (e.g., eBooks, online course content, and assessments).
A Member who wishes to act as an educator should set up a Flexiguru Educator Profile. When choosing an Educator Profile name, you may find that the name you want is already taken. You can try another name, or you can submit a request for the existing account owner to grant you permission to share administrative control over the desired account. While we cannot guarantee that your request will be granted, we do give you the option to send it.
Once your Educator Profile is complete, you may create or upload content, and you may specify whether learners will pay to access the content or whether they may access it for free. For paid content, Flexiguru remits 70% of the net revenues from each sale to the educator, a rate subject to adjustment by Flexiguru from time to time in its discretion. As an educator, you will have access from your educator dashboard to information pertaining to the amount of sales generated by your content.
Collaborator features on Flexiguru are free. Once you set up your Member profile, you may send requests to other Members to add them as your connections. Collaborator features also include a private messaging service, and "Ask & Answer" that allows any Memberto post a question to the Flexiguru community, and any other Member may offer an answer in response. If you are under the age of 13 and desire to be a Child Member, you may not register an account for the Service without consent and approval from your parent or guardian, who must register as a Parent Member. A Child Member that begins the registration process for himself or herself without a Parent Member may have the registration process restricted until a Parent Memberapproves or assumes responsibility for the Child Member account.
If you are at least 18 years of age and you are the parent or guardian of a child that seeks to be registered as a Child Member of the Service, you must first register a Parent Member on the Service. As a Parent Member, you may create, register, manage and approve Child Member accounts only for your own children, or children for whom you are a legal guardian. A Parent Member account, along with all associated Child Member accounts, may be terminated by Flexiguru at any time and without warning for any failure to abide by these Terms. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD MEMBER'S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD MEMBER. You acknowledge that Flexiguru may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Flexiguru deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Flexiguru reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT FLEXIGURU CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY MEMBER AND FLEXIGURU IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY MEMBER, INCLUDING ANY MEMBER'S CLAIM TO BE A PARENT MEMBER, OR TO VERIFY THAT A PARENT MEMBER IDENTIFIED BY A CHILD MEMBER DURING REGISTRATION IS SUCH CHILD MEMBER'S ACTUALPARENT OR LEGAL GUARDIAN.
If you are a Parent Member, you agree to monitor your child's account and notify us immediately if any sharing or other conduct by your Child Member is unacceptable to you, and Flexiguru will act reasonably to evaluate your request and take any appropriate measures we deem necessary and appropriate, including without limitation deactivating the Child Member's account or removing all or a portion of his or her content posted on or submitted through the Service.
As noted above, a Company may become a Company Member. Each Company Member account may only be used by an individual 18 years of age older, and the individual must be authorized by the Company. The Company will be responsible for the actions of each individual using a Company Member account. Flexiguru may establish and later modify additional requirements and procedures for Company Member accounts.
4. User Conduct and Use of the Site
As a condition to your continued use and enjoyment of the Service, you agree to the following rules of the Service:
- -- You may not breach of any applicable international, federal, state or local law.
- -- You may not engage in any infringing, tortious, fraudulent, abusive, or harassing conduct.
- -- You may not do anything harmful to Flexiguru, its Members and business partners, or any other third party or property.
- -- You may not violate another party's intellectual property, privacy or other rights.
- -- You may not interfere with the operation, use or enjoyment by any person of the Service, or any other service, system or other property.
- -- Certain portions of the Service and related information may be accessible only to Members or affiliates, service providers, or other business partners of Flexiguru, or otherwise may be password restricted.You may not gain or attempt to gain unauthorized access to such portions of the Service or to information contained in any of its restricted sections, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Service which you are not authorized to access, to distribute passwords to unregistered or unauthorized Members, or to make any unauthorized use of the Service.
- -- Except for Company Members, your use of the Service is solely for your personal, noncommercial use.
- -- Your use of the Service must bein accordance with all applicable laws, regulations, rules and commonly accepted standards.
- --You may not copy or distribute any part of the Service (including, but not limited to, other Members'Member Submissions, as that term is defined below) in any medium without Flexiguru's prior written authorization.
- --You may not use the Service to create, develop or promote any person or enterprise, whether or not for profit.
- --You may notinterfere with another's use of the Service through the posting or transmitting of a virus or other harmful or malicious code or program.
- -- You may not "spoof" or otherwise impersonate any other party, falsely state or otherwise misrepresenting your identity or affiliation in any way, or use an Internet protocol ("IP") address not assigned to you, forge, delete or alter any part of data packet header or sender identification information in any communication.
- -- You may not harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual (including but not limited to other Members) or property, or provide instruction, information, or assistance in causing or carrying out such violence.
- -- You may not disseminate viruses, Trojan horses, or other malicious code or program with the purpose or effect of damaging, interfering with, intercepting or expropriating any Service-related or third party system, data or information (including, but not limited to, personal information).
- -- You may not use the Service to send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable, all in Flexiguru's sole discretion.
- -- You may not send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- -- You may not send or receive material containing defamatory, false, or libelous material.
- -- You may notsend or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity (so make sure you own or have all necessary rights to upload a photo or video!).
- -- You may not post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships.
- -- You may not engage in conduct that would expose Flexiguru or its affiliates or service providers to civil or criminal liability.
- -- You may not use the Service to post, send or otherwise disseminate advertising or any solicitation to any Member or any other third party without their express consent; or to conduct or forward surveys, contests, pyramid schemes, or chain letters.
- -- You may not assist others in engaging in prohibited conduct.
- -- You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Service and all content contained therein.
- -- When you sign up to become a registered Member of the Service, you agree to provide only true, accurate and complete registration information, and you shall maintain current and promptly update any relevant personal contact or other information provided by you to Flexiguru.
- -- Your access to the Servicemay require the payment of fees.If you agree to pay any fees, then you will timely pay any required fees and charges. You will not intentionally provide false or inaccurate payment information for such purposes.
- -- Upon creation of a profile on the Service and/or registration to become a Member, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the "Member Submissions") may be available for viewing by other Members. Notwithstanding the foregoing, however, Flexiguru makes no representation or guaranty that your profile orMember Submissions will be viewed by any other Members.
- -- You are solely responsible for the security of your Membername and password and your account. Your login credentials are valid only for use by you.If, at any time, you believe that your account or password is being used by another person, you should notify Flexiguru immediately by emailing us at info@Flexiguru.com, and you should promptly change your password.
- -- You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted via the Service by you (in your capacity as a Member or otherwise), including, but not limited to, Member Submissions.You may not transmit or otherwise make available on the Service any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual and/or the owner of such rights, as applicable.
- -- Flexiguru also reserves the right to disclose data to law enforcement agencies or other authorities who may investigate reports of misuse or abuse of the Service.You understand, acknowledge and agree that you may be exposed to Member Submissions that are inaccurate or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Flexigurunow or in the future with respect thereto, and agree to indemnify and hold Flexiguru harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
- -- You understand and agree that Flexiguru is not required to edit or review any Member Submission.However, you agree that all Member Submissions may be subject to Flexiguru's approval. Flexiguru reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a Member Submission.Flexiguru, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
5. Third-Party Content and Linking
The Service may provide links or references to other websites maintained by third parties over whom Flexiguru has no control. The links and references are provided merely as a convenience and shall not be construed to imply any particular relationship with the third party websites. Similarly, the Service may be accessed from third party links over which Flexiguru has no control. Flexiguru is not responsible for and lacks control over the accuracy, currency or completeness of any information contained in or on their websites. You waive any claim against Flexiguru with respect to third party websites.
6. Copyright Infringement Policy
If you believe that your work has been copied on the Service, or any of our other systems or networks in a way that constitutes infringement under the U.S. Copyright Act, please provide the following information to Flexiguru for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the United States Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send the notice to:
228 Park Ave #79366
New York, NY 10003
7. Intellectual Property Rights
You retain any and all ownership in the Member Submissions you provide to and through the Service. By uploading a Member Submission, you grant Flexiguru a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up license to use, copy, publish, distribute, create derivative works of, transmit, and display the Member Submissions and derivative works thereof, and to copy, publish and distribute the Member Submissions, including without limitation all personal information included in the Member Submissions, in Flexiguru's marketing and advertising materials of all types and in all formats, via all media, now known or hereafter invented. As noted above, you confirm that you have all rights necessary to grant this license, and you indemnify Flexiguru for any claims alleging that (a) you did not have all rights necessary to grant this license, (b) the Member Submissions or any use of the Member Submissions by Flexiguru violate the rights of any person, or (c) the Member Submissions or any use of the Member Submissions by Flexiguruviolate any applicable, law, rule, regulation or policy.
Flexiguru retains all ownership in and to the Service, and any software used by Flexiguru in providing the Service. Any rights not expressly granted to you herein are reserved by Flexiguru. You acknowledge that the Service and the software used by Flexiguru in providing the Service contain Flexiguru proprietary and confidential information. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Service, any information contained therein, or any software used in providing the Service, without the prior written permission of Flexiguru.
The following are trademarks and service marks ("Marks") of Flexiguru: FLEXIGURUand the Flexiguru logo and website design. Use of any Flexiguru Marks, or other Flexiguru trade names or logos is prohibited, unless expressly authorized in writing in advance by Flexiguru. All use of the Flexiguru Marks and the goodwill developed thereby shall be for the sole benefit of Flexiguru.
8. Representations, Warranties, and Covenants.
You represent and warrant to Flexiguru that:
- a) you are either (i) at least 13 years of age, or (ii) if you are under 13 years of age, you will have a parent or guardian sign up for a Child Member account on your behalf before you use the Service.
- c) all files, data, text, and other information you have provided or may provide to Flexiguru or through the Service are and shall be, to the best of your knowledge, complete and accurate.
- d) you own, or are otoherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the Service or to other Members of the Service.
- e) that any use of the files, data, text, or other information supplied by you to us or to any other Member does not violate any copyrights or other third party rights and will not cause injury to any person or entity.
- f) you will timely pay to Flexiguru any fees and charges that you agree to pay for using the Service, and you will not intentionally provide false or inaccurate payment information for such purposes.
- g) any action you undertake that is related to your use of the Service, including but not limited to posting information to the Service and receiving and/or relying on information posted to the Service by others (i) will not breach any agreements you have entered into with any other person or legal entity; (ii) will be in compliance with all applicable laws; and (iii) will not conflict with the legal rights, including but not limited to the intellectual property rights, of any other person or legal entity.
- h) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Service, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your Member Submissions to the Service and to permit Flexiguru to post such content, perform its services and provide access and use of the Service as contemplated now or in the future.
- i) youhave obtained all necessary publicity releases, consents and/or permission of each and every identifiable individual person in any Member Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated herein.
9. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT FLEXIGURU IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY OTHER MEMBERS ON THE SERVICE OR SHARED OR MADE AVAILABLE BY ANY OTHER MEANS, OR FOR THE STANDARD OF CARE, IF ANY, EXERCISED BY ANY PERSON WITH WHOM YOU CHOOSE TO SHARE INFORMATION. SIMILARLY, YOU ARE RESPONSIBLE FOR ANY INFORMATION YOU OFFER TO OTHERS, AS WELL AS ALL OTHER ACTIONS OR OMISSIONS. UNDER NO CIRCUMSTANCES WILL FLEXIGURU BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF ANY CONTENT OR OTHER INFORMATION POSTED OR TRANSMITTED THROUGH OUR SERVICE, PROVIDED BY THIRD PARTIES, OR TRANSMITTED BETWEEN OR AMONG MEMBERS. YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR OWN RISK. BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS BY OTHER MEMBERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM, AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM, FLEXIGURU WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLEXIGURU DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER. THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU. FLEXIGURU DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR FITNESS OF RESULTS, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FLEXIGURU DISCLAIMS ANY WARRANTY FOR SECURITY, OPERABILITY, OR PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FLEXIGURU DISCLAIMS ANY WARRANTY FOR ANY INFORMATION POSTED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. FLEXIGURU MAKES NO WARRANTY WITH RESPECT TO THE FITNESS OF ANY MEMBER OR ANY MEMBER'S ABILITY TO MEET THE TERMS OF A TRANSACTION. YOU ACKNOWLEDGE AND AGREE THAT THE DESCRIPTIONS OF THE SERVICE PROVIDED BY FLEXIGURU, WHETHER THROUGH THE SERVICE OR OTHERWISE, ARE NOT A PART OF THE TERMS OF SERVICE. FLEXIGURU IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM OR DAMAGES TO OR CAUSED BY ANY MEMBER, OR ANY THIRD PARTY, OR FOR ANY OTHER REASON. FLEXIGURU DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY MEMBER SUBMISSION APPEARING ON THE SERVICE.
10. Limitation of Liability
IN NO EVENT SHALL FLEXIGURU OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, ANY MEMBER SUBMISSION, POSTING OR COMMUNICATION BY ANY MEMBER OR THIRD PARTY, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL FLEXIGURU'S TOTAL LIABILITY TO YOU UNDER THESE TERMS OR THE AGREEMENTS EXCEED ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN FLEXIGURU AND YOU.
Further, you agree not to hold Flexiguru responsible for any action, inaction, omission, or misstatement by other Members or third parties from or through the Service.
12. Term and Termination
13. Premium Services; Non-Refundable Payments
From time to time, you may have the opportunity on the Service to pay for access to premium content, or to get paid for sales generated by the learning content you upload (the "Premium Services"). In order to take advantage of a Premium Service, you must first provide valid payment information to Flexiguru. We permit the following payment methods: checking accounts, wire transfers, and PayPal from Members desiring to receive payments from Flexiguru, and any of those payment methods or a debit or credit card for Members desiring to pay for a Premium Service. You may choose not to provide payment information, but in that case you will not be able to access any Premium Services. In most cases, we provide Members with the opportunity to cancel any Premium Service purchase by midnight of the third calendar day after the date of purchase (the "Grace Period"); however, Flexiguru will not grant a refund at any time under any of the following circumstances: (i) where a certificate was issued to the Memberin connection with the relevant course content; (ii) where credits are reported to the Member; or (iii) where the course is completed by the Member. Requests for cancellations must be made by contacting Flexiguru by phone or email. After the Grace Period, allpayments for Premium Services becomefinal and non-refundable, and upon any termination of your account, you will not receive any refund for any sums that you paid us prior to termination.
14.Third Party Components
You acknowledge and agree that use of the Service requires third party equipment and software (collectively, the "Third Party Components") that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing may be designated by Flexiguru from time to time). FLEXIGURU SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.
Any action you may have with respect to use of the Service must be commenced within one (1) year after the claim or cause of action arises.
All questions, comments and legal notices should be submitted to:
228 Park Ave #79366
New York, NY 10003
15. Last Update