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EXPLOROS INC. TERMS OF SERVICE

Updated August 11, 2025

Welcome to Exploros! Please read our Terms of Service carefully before accessing or using the Exploros website or any of the Exploros mobile applications. By accessing or registering at the Exploros website, and/or by downloading any of the Exploros mobile applications, you agree to become bound by these Terms of Service. When we use the word “Services,” we mean not only the Exploros.com website, but also all the other websites, products, services, and applications made available by Exploros. If you do not agree to all the Terms of Service, then you may not access the Exploros website or use any of our products or Services. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@exploros.com.

IMPORTANT NOTE: Exploros Services are intended for use by teachers and by educational institutions, public or private.

BY ACCESSING OR USING ALL OR ANY PORTION OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY. IN THAT CASE, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.

MODIFICATIONS TO THE TERMS

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, WITH SUCH CHANGES BECOMING EFFECTIVE WHEN WE POST THE MODIFIED TERMS TO THE SERVICES. EACH TIME YOU USE THE SERVICES, THE THEN-CURRENT VERSION OF THE TERMS WILL APPLY. IF YOU USE THE SERVICES AFTER A MODIFICATION OF THESE TERMS, YOU AGREE TO BE BOUND BY THE TERMS AS MODIFIED.

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION AND JURY TRIAL

THIS AGREEMENT INCLUDES A MANDATORY MUTUAL ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). UNDER THAT ARBITRATION AGREEMENT, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MASS ARBITRATION, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO A JURY TRIAL

ONLINE CHAT

IF YOU HAVE A QUESTION ABOUT OUR PRODUCTS, A PREVIOUS ORDER, OR OTHER INQUIRIES, YOU CAN USE OUR SERVICES CHAT FEATURE TO CONTACT US. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE ONLINE CHAT FEATURE. TO BETTER SERVE YOU, OUR CUSTOMER SERVICE AGENTS LEVERAGE OUR SERVICE PROVIDER’S ARTIFICIAL INTELLIGENCE-POWERED ONLINE CHAT SERVICE TO ASSIST WITH YOUR QUESTIONS OR CONCERNS PROMPTLY.

BY USING THE CHAT FEATURE ON THE SERVICES, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR SERVICE PROVIDER ON OUR BEHALF. WE WILL HANDLE ANY PERSONAL INFORMATION WE RECEIVE THROUGH THE CHAT FEATURE, SUCH AS CHAT TRANSCRIPTS, ACCOUNT OR ORDER INFORMATION, OR YOUR CONTACT INFORMATION, IN ACCORDANCE WITH OUR PRIVACY POLICY.

How does Exploros protect my privacy?

We only collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at support@exploros.com.

Children's Online Privacy Protection Act (COPPA) Compliance

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for understanding how any third-party products that you install on behalf of yourself or other users may collect and use information of users of Exploros’ Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

What are the Terms of Service?

These Terms of Service (the “Terms”) are a binding contract between you and Exploros, Inc. (“Exploros”, and sometimes, “we” and “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

We reserve the right to change this Agreement from time to time without notice. You agree that it is your responsibility to review this Agreement frequently to learn of any modifications.

Wherein, you understand and acknowledge that:

  1. In order to access our Product, you may be required to provide certain information (such as name, email, etc.). You agree that any information you provide will always be accurate, complete, and updated registration information about yourself. You can’t select for your Exploros User ID or email a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person.
  2. Our Product may contain material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction of such material outside our Product is prohibited.
  3. Exploros owns all legal rights, title, and interest in and to its Product, including any intellectual property rights, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Product is strictly prohibited without our prior written agreement. Unauthorized use of our Product may give rise to a claim for damages and/or be a criminal offense.
  4. By using our Product, you may provide contents and any other materials, information, ideas, concepts, and know-how. Under no circumstances will Exploros become liable for any payment to you for any information that you provide. You, and not Exploros, are solely responsible for any Content you make available through your use of the Service. Exploros does not control the Content hosted via the service, nor does it guarantee the accuracy, integrity, or quality of such Content.
  5. If you are a teacher, Exploros may generate an access code for you to use (a “Teacher ID”). You are responsible for maintaining the confidentiality of passwords and Teacher IDs associated with any account you use to access our Product and you are responsible for all activities that occur under your account(s). You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you. If you become aware of any unauthorized use of your password or of your account, you agree to notify Exploros immediately at support@exploros.com.

  6. You agree to the use of any data related to our Product in accordance with Exploros’ Privacy Policy included in our website. Learning Experiences downloaded and accessed through the Services may be being provided by a third party and not by Exploros, so we don’t have any control over or responsibility for the Learning Experiences. In addition to these Terms with respect to Publisher Software, your download or use of Learning Experiences is governed by the terms of any agreement set by the Learning Experience Publisher. Exploros prohibits Publishers from collecting or using any information beyond what Exploros itself collects and uses pursuant to its Privacy Policy, but this does not mean we are responsible for reviewing or verifying the accuracy of any Publisher’s data collection or use policies.
  7. We may provide various open communication features on our Product, posts, brainstorming, discussions, polling, media commenting, etc. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, racist, and pornographic or contains any type of inappropriate or explicit language; (ii) infringes any trademark, copyright, trade secret, or other proprietary right of any party; or (iii) attempts any type of unauthorized advertising.
  8. We reserve the right to anonymously track and report a user’s activity inside of our Product. We are not responsible or liable in any way for any Content provided by others. However, we reserve the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen and/or remove Content at any time if such Content is found to be in violation of this Agreement or is otherwise objectionable.
  9. We may, at our sole discretion, suspend or terminate your access to all or part of our Product with or without notice and for any reason, including, without limitation, breach of this Agreement.
  10. Exploros may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.

What are the terms of service regarding Exploros Content and Content Providers?

For the purposes of this Agreement:

“Exploros Content” means digitized electronic content obtained through the Exploros website, or Exploros App such as Learning Experiences and other static and interactive electronic content.

“Content Provider” means the party or publisher offering “Exploros Content” in the Exploros website, or Exploros App.

“Your Content” means digitized electronic content that you have authored and uploaded to the Exploros website.

Use of Exploros Content. Upon your download of Exploros Content and/or payment of any applicable fees (including applicable taxes), the Content Provider grants you under your license term a nonexclusive right to view, use, and display such Exploros Content an unlimited number of times, solely on the Exploros Platform as otherwise permitted as part of the Service, and solely for your own, noncommercial use, as a teacher you may publish Exploros Content to your students. Exploros Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Exploros Content. Those terms will also apply, but this Agreement will govern in the event of a conflict.

Exploros is not responsible for and does not control the Exploros Content provided by the Content Provider. Exploros has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Exploros Content. You use all Exploros Content and interact with other Users at your own risk.

Limitations on Content Usage. In using the Services, you shall not (and shall not permit any User, owner, employee, independent contractor, agent, or other third party to):

  • Copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Services in order to ascertain, derive, or appropriate for any reason or purpose, the object code, source code or source listings for the Services or any other trade secret information or process contained in the Services without the prior express written consent of Exploros;
  • Use or incorporate all or a portion of the Services into any large learning model, algorithmic software program, data set, AI Model, or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system or for automated decision making;
  • Create derivative works based on the Services;
  • Copy, frame, or mirror any part or content of the Services, other than copying or framing on your intranets or otherwise for your internal business purposes;
  • Access the Services in order to build a competitive product or service;
  • Copy any features, functions, or graphics of the Services without the prior express written consent of Exploros;
  • Alter or remove any notices, graphics, or text contained on or in the Services;
  • Modify the Services in any form without the express written consent of Exploros. Any modifications you make to the Services will remain the property of Exploros and/or its licensor(s);
  • Make the Services available to any third party other than authorized users;
  • Sell, resell, rent, or lease the Services or any right to access or use the Services;
  • Use the Services to store or transmit infringing, libelous, or otherwise unlawful or
  • tortious materials, material in violation of third-party privacy rights, or malicious code of any kind;
  • Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein;
  • Access data not intended for you or log onto a server or account to which you are not authorized to access;
  • Attempt to probe, scan, or test the vulnerability of Exploros’ system or network or to breach any Exploros security measures;
  • Attempt to interfere in any way with the Exploros Services, website, and/or App; or
  • Attempt to gain unauthorized access to the Services or its related systems or networks.

Your Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Exploros website. Exploros does not claim ownership of Your Content. However, you grant Exploros a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, nonexclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Exploros Products and Services to you. When you as a User post or publish Your Content on or in the Exploros website, you represent that you have the authority to grant the aforementioned license to Exploros. Please remember that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to the Exploros website. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

Social Media

We provide links to social media pages on our website (“Social Media Pages”) such as LinkedIn, Twitter, and Facebook. Since anyone can post or tag on Social Media Pages, these posts do not necessarily reflect our views. We reserve the right to remove any content from our Social Media Pages at our sole discretion. Additionally, we may take measures to block users from accessing our Social Media Pages if they violate these Terms or the terms of the Social Media site. If we follow, like, retweet, favorite, share, or repost an individual's content on a Social Media Page, that does not constitute an endorsement of that third party or any product, service, or company they represent.

DMCA Notice: Notice and Procedure For Making Claims of Copyright Infringement

Exploros will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Exploros’ copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Exploros that your copyrighted material has been infringed. Exploros does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

If we receive a clear and valid notice pursuant to the guidelines set forth below, Exploros will respond by either taking down the allegedly infringing content or blocking access to it. Exploros may contact the notice provider to request additional information.

Under the DMCA, Exploros is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).

Under the law, the Alleged Infringer is allowed to send Exploros a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:​​

  1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
  4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
  7. Be signed; and
  8. Be sent to our DMCA designated agent at the following address:

    Exploros, Inc
    Attn: DMCA Agent
    PO Box 81
    Wayland, MA 01778

  11. Does Exploros cost anything?

  12. The basic Exploros Services are free for teachers; we don’t charge for signing up for a basic, individual Exploros account. However, we may offer certain premium products and services for a fee, including Learning Experiences available through the Exploros website or the Exploros App. Student accounts are not permitted or enabled to download Learning Experiences from the website.

  13. What if I want to stop using Exploros?

  14. You’re free to stop using Exploros at any time. You can request that we delete your account by contacting us at support@exploros.com.; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

  15. Disclaimer of Warranties

  17. BY ACCEPTING THE AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING. IF YOU DO NOT AGREE TO THE FOLLOWING, THEN DO NOT SIGN THE AGREEMENT AND DO NOT ACCESS OR USE ANY PORTION OF THE SERVICES:

  18. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPLOROS EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES SET FORTH IN THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

  19. EXPLOROS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

  20. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  21. ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  22. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPLOROS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  23. Limitation of Liability and Damages

  25. BY ACCEPTING THE AGREEMENT, YOU INDICATE THAT YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING. IF YOU DO NOT AGREE TO THE FOLLOWING, THEN DO NOT SIGN THE AGREEMENT AND DO NOT ACCESS OR USE ANY PORTION OF THE SERVICES:

  26. EXCEPT FOR DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY WILL BE LIABLE FOR ANY: INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, LOSS OF INCOME, DATA, PROFITS, OR REVENUE, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES OR PRODUCTS RELATING TO THESE TERMS OR THE USE OR PERFORMANCE OF ANY SERVICES PROVIDED BY EXPLOROS, REGARDLESS OF WHETHER LIABILITY ARISES FROM ANY CLAIM BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.

  27. EXCEPT FOR DAMAGES RESULTING FROM A PARTY’S BREACH OF ITS PRIVACY AND SECURITY OBLIGATIONS, A PARTY’S INDEMNIFICATION OBLIGATIONS, A PARTY’S INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, EACH SUCH PARTY’S TOTAL LIABILITY UNDER ALL ORDERS AND PROPOSALS AND THESE TERMS (AND ALL ATTACHMENTS, EXHIBITS, ADDENDUMS, OR OTHER AGREEMENTS RELATED HERETO OR GOVERNED HEREBY) WILL NOT EXCEED THE GREATER OF (A) TOTAL AGGREGATE FEES PAID BY YOU TO EXPLOROS IN THE 12 MONTH PERIOD PRIOR TO THE CLAIM RELATED TO THE LIABILITY OR (B) $500.00. EXCEPT FOR LIABILITIES RESULTING FROM EXPLOROS’ BREACH OF ITS PRIVACY AND SECURITY OBLIGATIONS IN THESE TERMS OR EACH PARTY’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER IN THE AGGREGATE FOR AMOUNTS NOT EXCEEDING THE GREATER OF (I) THE TOTAL AGGREGATE FEES PAID BY YOU TO EXPLOROS IN THE 12 MONTH PERIOD PRIOR TO THE CLAIM RELATED TO THE LIABILITY OR (II) $500.00. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION AND ELSEWHERE IN THESE TERMS FORM THE BASIS OF THE BARGAIN WITH RESPECT TO EXPLOROS’ PROVISION OF THE SERVICES; ABSENT THIS LIMITATION, EXPLOROS WOULD NOT PROVIDE THE SERVICES HEREUNDER.

  28. General Representation and Warranty

  29. You represent and warrant that (i) your use of our Product will be in strict accordance with the Privacy Policy as stated below, with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content) and (ii) your use of the Product will not infringe or misappropriate the intellectual property rights of any third party.

  30. Indemnification

  31. "Losses" means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

  32. Exploros shall defend, indemnify, and hold harmless Customer and its officers, directors, employees, agents, successors, and assigns (each of the foregoing an “Indemnitee") from and against any and all Losses incurred by the Indemnitee arising out of or relating to any action by a third party, to the extent that such Losses do or are alleged to arise out of or result from: (i) Exploros' breach of any representation, warranty, covenant or obligation of Exploros under these Terms; or (ii) any gross negligence or more culpable act or omission (including recklessness or willful misconduct) in connection with the provision of the Services.

  33. Except for the Indemnity Exclusions, Exploros shall indemnify, defend, and hold harmless Indemnitees from any Losses caused by a third party claiming the Services infringe upon or misappropriate any United States intellectual property rights.

  34. Exploros will have no liability if the underlying claim made by a third-party is caused by or the result of: (a) modifications to the Services made other than by Exploros; (b) the combination, operation, or use of the Services with equipment, devices, software, or data not authorized by Exploros; or (c) use of the Services in violation of these Terms or any other written instructions provided by Exploros. Each event listed in the foregoing (a) through (c) is an “Indemnity Exclusion”.

  35. If Exploros’ right to provide the Services is enjoined or in Exploros’ reasonable opinion is likely to be enjoined, Exploros may obtain the right to continue providing the Services, replace or modify the Services so that it becomes non-infringing, or if such remedies are not reasonably available, terminate the Services without liability to Customer. THIS SECTION IS EXPLOROS’ SOLE LIABILITY AND CUSTOMER’S ONLY REMEDY FOR ANY CLAIMS THAT THE SERVICES INFRINGE UPON OR MISAPPROPRIATE ANY PERSON’S INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER CLAIMS FOR INDEMNIFICATION. Customer shall indemnify, defend, and hold harmless Exploros against any damages related to a third-party claim related to: (a) an Indemnity Exclusion; (b) the Customer’s or its authorized User’s data; (c) Customer’s or its authorized User’s breach of this Agreement; or (d) any gross negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer or its authorized Users in connection with the Customer’s or its authorized User’s use of the Services.

  36. For a party to obtain indemnification under this section, the party seeking to be indemnified (the “Indemnified Party”) will: (a) promptly notify the other party (the “Indemnifying Party”) in writing of a third-party claim; (b) grant the Indemnifying Party sole control of the defense and resolution of the claim; and (c) provide the Indemnifying Party, at the Indemnifying Party’s expense, with all assistance, information, and authority required for the defense or resolution of the claim. The Indemnifying Party shall not enter into a settlement of any claim that imposes any liability or material obligation on the Indemnified Party or materially prejudices the Indemnified

  37. Party’s rights without the Indemnified Party’s prior written consent that the Indemnified Party shall not unreasonably withhold, condition, or delay.

  38. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Exploros reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

  39. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

    1. WAIVER OF RIGHTS.

  42. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH EXPLOROS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

    • ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND
    • ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

  45. EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

  47. BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

    • THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
    • THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
    1. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number, and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.
    2. Mutual Arbitration Agreement.
      1. Arbitration of Individual Disputes. Any dispute that cannot be resolved through good faith negotiations must be pursued through binding arbitration on an individual basis as described in this section (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
      2. AAA Proceedings. Either you or the Company may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file an arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org, or we can assist you in contacting AAA.
      3. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues, excluding (a) issues expressly reserved for a court decision in these Terms, (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms, (c) issues that relate to the arbitrability of any Dispute, (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms, (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide or (f) whether a party authorized filing of a demand for arbitration. All other issues are for the arbitrator to decide.
      4. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
      5. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.
      6. Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
      7. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
      8. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree: (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

      9. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA at its discretion, for each batch of demands.

        The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorize class arbitration of any kind.

        Exploros does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable, or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

      10. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. Exploros and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.

        The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

      11. Opt-Out. If you wish to opt out of this Arbitration Agreement, you must provide us with your notice to opt out within 30 days of the first date you visit or use our site. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

        Exploros, Inc.
        PO Box 81
        Wayland, MA 01778

        If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.

      12. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Services, your Account, and the User-Generated Content.
      13. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
      14. Applicable Law. Massachusetts law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

  51. Governing Law

  52. Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of Massachusetts without regard to its conflict of laws principles. Except with regard to disputes that are subject to arbitration under this Agreement, the venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Massachusetts. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

  53. Third-Party Links

  54. Links to third-party websites from our website are provided solely for your convenience. Exploros has not reviewed each site for its content and does not endorse or make any representations about them or the information, products, materials, or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk, and Exploros shall have no liability arising out of the operation or content of such third-party sites.

  55. Cooperations With Law Enforcement

  56. Exploros will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. YOU WAIVE AND HOLD EXPLOROS AND OUR AGENTS HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

  57. Electronic Communications

  58. We use email and electronic means to stay in touch with users of our Services. You consent to receive communications from us in electronic form via the email address you submit upon registration or via the Services and further agree that all Terms of Use, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Communications made through email or the Services do not constitute legal notice to us or any of our affiliates. All legal notices hereunder shall be in writing and delivered to:

  59. Exploros, Inc.
    PO Box 81
    Wayland, MA 01778

  60. Notice For International Users

  61. The website is controlled, operated, and administered by Exploros from its offices within the United States of America. Exploros makes no representation that materials on the website are appropriate or available for use at locations outside of the United States. If you access our website from locations outside of the United States, you are responsible for compliance with all local laws.

  62. Miscellaneous

    1. Termination. If you violate applicable laws or these Terms in connection with the use of the Services, you are immediately prohibited from further use of the site. Exploros may suspend or terminate the Services or your Account, in whole or in part, at any time. Exploros shall not be liable to you or anyone else for any damages arising from or related to Exploros’ suspension or termination of your access to the Services or your Account, or in the event Exploros modifies, discontinues or restricts the availability of the Services or your Account (in whole or in part).
    2. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.
    3. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Exploros.
    4. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Exploros with respect to your access to and use of the Services.
    5. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Exploros.
    6. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect.
    7. Successors and Assigns. These Terms are to the benefit of Exploros successors and assigns.
    8. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account, or your access to or use of the Services.
    9. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Exploros may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

  65. Contact Us

  66. If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact Exploros with questions or comments regarding these Terms at:

  67. Exploros, Inc. PO Box 81 Wayland, MA 01778 Email: support@exploros.com.