PILOT TESTING/BETA WEBSITE PLATFORM AGREEMENT

Updated: August 17, 2023

BY CLICKING ON THE "SUBMIT" BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF THIS AGREEMENT), OR BY REGISTRATION, ACCESSING OR USING THE PILOT TESTING/BETA WEBSITE PLATFORM, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

This PILOT TESTING/BETA WEBSITE PLATFORM AGREEMENT (the “Agreement”) is by and between Edu Online Services, LLC. and its affiliates (collectively, “EOSA”) and you (“Licensee” or “You”).

  1. “Pilot Testing/Beta Product” shall mean those products, software, services, webpages, tools, images, code and/or features that are part of or designated as pilot testing or beta or pre-release versions of Edu Online Services, LLC’s isessioner.com Tutoring, Learning and Collaboration website platform - https://subdomainnamehere.isessioner.com or an Edu Online Services, LLC partner and are provided to You during the term hereof.

  2. License. Edu Online Services, LLC grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Pilot Testing/Beta Product solely for the purposes of testing, research, and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Pilot Testing/Beta Product.

  3. Ownership. All title, interest, and ownership rights in and to the Pilot Testing/Beta Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in Edu Online Services, LLC or Edu Online Services, LLC’s partners. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.

  4. Confidentiality. The Pilot Testing/Beta Product, the fact of its existence, all accompanying documentation, and all information disclosed by Edu Online Services, LLC to You hereunder or otherwise in connection with the Pilot Testing/Beta Product, including without limitation performance data, features and other information relating to or obtained from the Pilot Testing/Beta Product, is “Confidential Information” of Edu Online Services, LLC. You will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by You at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by You from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by You.

  5. Termination. This Agreement shall terminate upon the release by Edu Online Services, LLC of a publicly available version of the Pilot Testing/Beta Product and the removal of the Pilot Testing Product’s Pilot Testing BETA VERSION label image or the Beta Product’s BETA VERSION label image from the https://subdomainnamehere.isessioner.com's title image or the Beta Product’s title image and a written declaration on the subdomain website's index webpage indicating the subdomain website is live. Edu Online Services, LLC does not guarantee that any such publicly available version will be released.

  6. Data & Feedback. You agree that Edu Online Services, LLC may obtain information and data from You in connection with Your registration, installation, or use of the Pilot Testing/Beta Product including, without limitation, personal information. Edu Online Services, LLC may also collect and process technical and performance information about your use of the Pilot Testing/Beta Product and use this information to support and troubleshoot issues, provide updates, analyze trends and improve Edu Online Services, LLC products or services. Edu Online Services, LLC shall be allowed to use such data and share such data with Edu Online Services, LLC partners for the program purposes. You hereby consent to Edu Online Services, LLC processing and transferring this information, including, if any, personal information, in conformity with the Edu Online Services, LLC. Privacy Policy, as updated from time to time. Further, You shall provide feedback to Edu Online Services, LLC concerning the functionality and performance of the Pilot Testing/Beta Product from time to time as reasonably requested by Edu Online Services, LLC, including, without limitation, identifying potential errors, problems and improvements using any of the Pilot Testing/Beta Product’s means of communication or the use of the Edu Online Services, LLC support ticket. You will also be invited to complete surveys regarding the Pilot Testing/Beta Product or for all the participants to take part in a case study of the Pilot Testing/Beta Product. Feedback provided to Edu Online Services, LLC through any of the foregoing methods in connection with the Pilot Testing/Beta Product may be used by Edu Online Services, LLC and its partners to improve or enhance products, services and/or features and, accordingly, Edu Online Services, LLC shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

  7. THE PILOT TESTING/BETA PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. THE PILOT TESTING/BETA PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Edu Online Services, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  8. THE TOTAL LIABILITY OF Edu Online Services, LLC ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100. IN NO EVENT SHALL Edu Online Services, LLC HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  9. Miscellaneous. This Agreement shall be governed by the laws of Arizona without reference to conflict of laws principles. You shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Edu Online Services, LLC. You shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

  • Features

    • Site Security
    • Search Sessions
    • Search Tutors
    • Member Profiles
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  • Requirements

    • Linux Hosting
    • PHP 7.0+
    • MySQL 3.0+
    • Basic HTML
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  • Pilot Program

    • Hosted Version
    • Tutoring
    • CWEN
    • Mentoring
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  • Tutoring

    A professional educator (aka sessioner) who instructs a student or students in a particular subject in a public setting... More...

  • CWEN

    An partnership between education and the community to improve the community, to improve student learning... More...

  • Mentoring

    A learned person with experience who provides assistance, guidence and know-how to other persons. More...