Prober may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Prober WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Provision Of Services
Prober is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which Prober provides, may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Prober may stop (permanently or temporarily) providing any of the Services to you or to users generally at Prober's sole discretion, without prior notice to you. You may stop using the Services at any time.
You acknowledge and agree that if Prober disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
Use Of The Services By You
In order to access certain Services, you may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Prober, unless you have been specifically allowed to do so in a separate agreement with Prober. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Prober, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You agree that you are solely responsible for (and that Prober has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Prober may suffer) of any such breach.
Accounts, Passwords, And Security
You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Prober for all activities that occur under your account. Prober is not responsible whatsoever for any actions taken under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Prober immediately at support@Proberedu.com.
Content In The Services
You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". Prober does its best to give proper credit to the source from which the data was indexed. Prober's search engine lays no claim to the ownership of the content originated at these sites. If some Content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any Content is objectionable, please inform Prober at your convenience.
Prober respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to legal@Proberedu.com:
A statement made under penalty of perjury that all the above information is accurate, and that the notifying party is authorized to act on the behalf of the copyright owner.
You agree that you are solely responsible for (and that Prober has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Prober may suffer) by doing so.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.
Prober's And Your Proprietary Rights
Unless you have agreed otherwise in writing with Prober, nothing in the Terms gives you a right to use any of Prober's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Prober, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Cancellation & Refund policy
Termination Of Relationship With Prober
Prober may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of Prober. Prober holds the right to deny you Services without any express reason. Prober may also terminate the relationship with you if Prober is legally required to do so (e.g., when provision of Services provided by Prober is, or becomes, unlawful); or if the partner(s) with whom Prober offered the Services to you has terminated its relationship with Prober or ceased to offer the Services to you; or the provision of the Services to you by Prober is, in Prober's opinion, no longer commercially viable.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Exclusion Of Warranties
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, Prober, its subsidiaries and affiliates, and its licensor or suppliers do not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Prober, or through or from the Services shall create any warranty not expressly stated in the terms.
Prober further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Limitation Of Liability
To the fullest extent allowed by applicable law, Prober (and its licensor or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
The limitations on Prober's liability to you above shall apply whether or not Prober has been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contact, strict liability, or otherwise) shall Prober (or its licensor or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Prober in connection with the services in the twelve (12) month period preceding this applicable claim.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Prober, 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.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode, and extent of advertising by Prober on the Services are subject to change without specific notice to you. In consideration for Prober granting you access to and use of the Services, you agree that Prober may place such advertising on the Services.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
The Services may include hyper-links to other web sites or content or resources. Prober may have no control over any web sites or resources which are provided by companies or persons other than Prober.
You acknowledge and agree that Prober is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
You acknowledge and agree that Prober is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Prober and limits the manner in which you can seek relief from us. Both you and Prober acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Prober's officers, directors, employees and independent contractors ("Personnel") are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
General Legal Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals.
You and Prober agree that the Terms constitute the complete and exclusive legal agreement between you and Prober and govern your use of the Services (but excluding any services which Prober may provide to you under a separate written agreement), and completely supersede and cancel any prior written and oral agreements, communications and other understandings between you and Prober in relation to the Services and the subject matter of the Terms.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Prober may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Prober, and you do not have any authority of any kind to bind Prober in any respect whatsoever.