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THIS AGREEMENT IS A CONTRACT. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT IT, BEFORE CLICKING “SIGN UP.”
SIGNING UP FOR A STUDYGOALS ACCOUNT MEANS YOU ACCEPT THIS AGREEMENT AND UNDERSTAND THAT IT WILL BIND YOU LEGALLY.
BROWSING THE SITE WITHOUT AN ACCOUNT ALSO BINDS YOU TO APPLICABLE PROVISIONS OF THIS AGREEMENT.
IN CONSIDERATION and exchange of the mutual covenants of the Parties contained herein and the mutual benefits to be received under this Agreement, the Parties agree as follows:
GENERAL USE PROVISIONS
This Agreement contains the terms and conditions that govern your use of the web site found at http://www.mystudygoals.com, any and all of its mobile version(s) and/or applications, and any of its sub-domains (collectively, the "Site"), as well as any authorized activity made available by us to Users (collectively, the "Services").
Unless otherwise indicated, the term "Site" includes the Services and the term "Services" includes Mobile Services. You and Company may be referred to collectively as the "Parties" and individually as a "Party."
This Agreement applies generally to all Users. Provisions applying only to certain types of Users (such as Premium Users and Advertisers) are so designated. Persons purchasing gift subscriptions for others accept and are bound by the financial and billing terms of this Agreement, as well as other general terms reasonably applicable to their purchase transactions.
Acceptance of terms through use
BY ACCESSING THE SITE OR USING ANY SERVICES YOU ARE CONSENTING TO HAVE YOUR PERSONAL DATA TRANSFERRED TO AND PROCESSED IN THE UNITED STATES.
For purposes of this Agreement the following definitions shall apply:
"Advertiser" means any Person who purchases advertising on the Site.
"Person" means any individual, corporation, partnership, association, business or other group of persons, whether or not organized as a legal entity, including their legal successors and representatives.
"User" means any Person who visits the Site for any purpose, authorized or unauthorized. The term, “User” includes but is not limited to those who post Material to or in any manner avail themselves of any Service offered at, on or through the Site. The term, "User" also includes but is not limited to, Advertisers and Premium Users.
"Materials" means any and all works of authorship posted to the Site by any User, whether copyrightable or not, including but not limited to notes, outlines, syllabi, course packs, advertisements, musical compositions, sound recordings, pictorial works, graphic works, literary works, audiovisual works, compilations, derivative works, collective works and databases.
“Premium Service” means any product or service offered for sale on the Site, other than our basic free service.
“Premium User” means any User who accesses a Premium Service.
"Term" means the period of time during which this Agreement is in effect as between Company and You. Termination of your StudyGoals account for any reason shall terminate the Term. Termination shall not be effective with respect to any provision of this Agreement that is either specifically designated as surviving termination, or should reasonably survive in order to accomplish the objectives of this Agreement.
Changes to this Agreement
We may change or modify this Agreement (including the Policies) at any time and such changes or modifications will become effective upon being posted to the Site. We will indicate at the top of its first page the date this Agreement was last revised. If you do not agree to abide by this or any future versions of the Agreement, do not use or access (or continue to use or access) the Site or Services. It is your responsibility to check the Site regularly to determine if there have been changes to the Agreement and to review such changes. Without limiting the foregoing: if we make changes to the Agreement that we deem to be material, those with StudyGoals accounts may receive a push-notification to their device with a StudyGoals account. If you do not have a StudyGoals account, you will not receive this notification.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration and log in processes (such information being your "Account Information"). You further agree that, in providing your Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates.
You consent and authorize us to verify your Account Information which is not required for your use of and access to the Site and any Service. You will receive a unique StudyGoals email and password in connection with your account, (collectively referred to herein as your "Email"). You agree that you will not allow any other Person to use your Email to access or use the Site or any Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Email. StudyGoals is not liable for any harm caused by or related to the theft of your Email, the disclosure of your Email, or your authorization to allow any other Person to access or use the Site or any Service using your Email.
You are solely and entirely responsible for maintaining the confidentiality of your Email. StudyGoals is not liable for any harm caused by or related to the any use of your Email, authorized or unauthorized. You are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or any Service. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you.
You are solely and entirely responsible for maintaining the confidentiality of your Email. StudyGoals is not liable for any harm caused by or related to the any use of your Email, authorized or unauthorized. the disclosure of your Email, or your authorization to allow any other Person to access or use the Site or any Service using your Email. You are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or any Service. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you.
You acknowledge that the complete privacy of your data transmitted while using the Site or any Service cannot be guaranteed. You will not share, reveal or distribute any Site-related passwords provided by a professor or other representative of any educational institution, publisher or the like. You agree and understand that doing so shall be a material violation of this Agreement and that, in addition to other remedies that may be available, StudyGoals may immediately terminate your account if you violate this condition.
StudyGoals, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account to investigate any good faith suspicion we may have regarding activities occurring under your account that may be in violation of this Agreement and/or applicable law.
You agree that your failure to abide by any provision of this Agreement or any Policy, your willful provision of inaccurate or unreliable Account Information, your failure to update your Account Information to keep it current, complete or accurate, and/or your failure to respond to inquiries from StudyGoals concerning the accuracy of your Account Information shall be considered a material breach of this Agreement. If within ten (10) calendar days after StudyGoals provides notice (in any form and via any method of delivery) to you of such material breach, you fail to provide evidence, reasonably satisfactory to StudyGoals, that you have not breached your obligations under this Agreement, StudyGoals may terminate your account without further notice to you and without any obligation to refund or pay any sums to you for any reason.
Violations of this Agreement may result in civil and/or criminal liability. We have the right but not the obligation to investigate occurrences which may involve such violations and we may provide information to and cooperate with, law enforcement authorities in prosecuting any User who is involved in such violations.
Email and Notices
You agree that Company may provide any and all notices, statements and other communications to you through any of the following, in Company’s sole discretion: the e-mail address specified in your Account Information and/or, by mail, express delivery service, or other electronic communication sent to the respective addresses specified in your Account Information.
Copyright and Trademark Notices
The Site is protected by all applicable federal and international intellectual property laws.
Except for Materials, all content included on the Site, including but not limited to text, graphics, logos, layout, design, button icons, images, compilations, code, multimedia content (including but not limited to images, illustrations, audio and video clips), html and other mark up languages, all scripts within the Site or associated therewith and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not (hereinafter, without limitation, "Site Content"), is the property of Company or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved.
All Site databases and the compilations of any/all Site Content are the exclusive property of Company and are protected by United States and international copyright laws with All Rights Reserved.
All software used on the Site or incorporated into it is the property of Company or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.
StudyGoals is not sponsored or endorsed by any college, university, school, or instructor.
License and Site Access
Conditioned upon your compliance with all the terms and conditions of this Agreement, StudyGoals grants you a non-exclusive personal, revocable, nontransferable license to access and make authorized personal use of the Site during the Term.
You will not, and You will not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in or element of the Site. You will not download (other than page caching) or modify the Site or any portion of it, without Company’s express written consent.
No portion of the Site may be reproduced, published, modified or distributed in any form without Company’s express written permission.
You agree not to reproduce, reverse engineer, decompile, disassemble, or modify any portion of the Site.
You are expressly prohibited from: reselling or making any commercial use of the Site or its contents; engaging in any commercial collection or use of any information, Materials, advertisements, data or prices; making any derivative use of the Site or its contents; any downloading or copying of any User’s Account Information; and from making any use of data mining, robots, or similar data gathering and extraction tools.
Except as expressly granted in this Agreement, you are not granted any rights or license to any patents, copyrights, trade secrets or trademarks with respect to the Site or any Service, and StudyGoals expressly reserves all such rights. You shall promptly notify StudyGoals in writing upon your discovery of any unauthorized use or infringement of the Site or any Service or of Company’s patents, copyrights, trade secrets, trademarks or other intellectual property rights.
You agree not to copy, display or otherwise use any StudyGoals Marks without Company’s prior written permission. The StudyGoals Marks may never be used in any manner likely to cause confusion, disparage or dilute the StudyGoals Marks and/or in connection with any product or service that is not authorized or sponsored by StudyGoals. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site.
StudyGoals shall have the right but not the obligation to review Materials and in its sole discretion to remove or refuse to post any Materials for any reason.
You are solely responsible at your own cost and expense for creating backup copies and replacing any Materials you post or store on the Site.
You shall retain all ownership rights in and to your Materials. Notwithstanding, you authorize and direct us to make and retain such copies thereof as we deem necessary in order to facilitate the storage, use and display of such Materials in accordance with your chosen account settings. By posting Materials to the Site, you automatically grant to Company, and you represent and warrant that you have the exclusive authority to grant to Company a non-exclusive, worldwide, royalty-free, sublicenseable and transferable license to use, compile with other Materials, reproduce, distribute, prepare derivative works of, display, broadcast, transmit, and perform the Materials in connection with the Site, including without limitation purposes of promotion, in any media formats and through any media channels now known or hereafter devised. If you choose to make your Materials public: You hereby grant each authorized User of the Site a non-exclusive, royalty-free, non-transferable license to access your Materials through authorized uses of the Site, and to use, reproduce, adapt, distribute, display and perform such Materials for their own personal, non-commercial purposes. Beyond any action that may be appropriate pursuant to our DMCA Policy, StudyGoals shall play no role in any disputes you may have with Users who allegedly violate this license. You understand and agree that it is your sole responsibility, at your sole expense, to address disputes directly with other Users, and you hereby release and hold StudyGoals harmless from any and all obligations, liabilities, expenses, and the like related to disputes you may have with other Users.
You may remove your Materials from the Site at any time, as long as your StudyGoals account is active. You understand and agree that once you terminate your account you will not have the ability to remove your Materials. The licenses granted by you in and to Materials are perpetual and irrevocable. StudyGoals cannot guarantee that, due to system or human error (including yours), Materials you designate or intend to designate as private will not inadvertently become public. In such case, you hereby release and hold StudyGoals and its authorized Users harmless from any breach or alleged breach of the licenses you have granted herein.
WARNING: COMPANY DOES NOT CONTROL MATERIALS POSTED TO THE SITE AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, INTEGRITY OR QUALITY OF ANY MATERIALS. COMPANY DOES NOT ENDORSE ANY MATERIALS OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH MATERIALS.
YOU UNDERSTAND THAT BY ACCESSING THE SITE AND USING THE SERVICE, YOU MAY BE EXPOSED TO MATERIALS THAT ARE OFFENSIVE, INDECENT, OBJECTIONABLE OR INACCURATE.
COMPANY DOES NOT KNOWINGLY PERMIT THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT ALL POLICIES REGARDING INTELLECTUAL PROPERTY INCLUDING BUT NOT LIMITED TO OUR DMCA POLICY
YOU UNDERSTAND THAT YOU MAY BE SUBJECT TO CERTAIN LAWS AND SCHOOL POLICIES THAT RESTRICT THIRD-PARTY USE OF MATERIALS PREPARED BY EDUCATORS. IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF AND TO ABIDE BY ANY SUCH LAWS OR POLICIES THAT APPLY TO YOU.
YOU EXPRESSLY AGREE NOT TO USE ANY THIRD PARTY TRADEMARKS, REGISTERED OR UNREGISTERED, IN THE FILENAMES OF MATERIAL.
YOU MAY ACCESS MATERIALS SOLELY FOR YOUR NON-COMMERCIAL, PERSONAL USE AS INTENDED THROUGH THE NORMAL FUNCTIONALITY OF THE SITE. ALL MATERIALS ARE MADE AVAILABLE "AS IS."
The Site may be available via mobile devices and applications. We may provide without limitation the ability for you to access your account, upload content to the Site and send and receive Materials, and other types of communications from such devices and applications (collectively the "Mobile Services").
Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services will work with all mobile carriers or devices. When available, by using any Mobile Services, you agree that we may communicate with you regarding Company and the Site by multimedia messaging service, short message service, text message or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
User Conduct and General Practices
Without limiting any other provision of this Agreement, you agree not to use the Site or the Services in any unlawful manner or, without limitation, to:
harvest or collect any contact information from others by electronic or other means;
damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information, passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate, stalk or harass any Person;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, or create a false identity on the Site;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act; and/or
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which may expose Company or its Users to any harm or liability of any type.
You understand that the technical processing and transmission of your Materials may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Company has no responsibility or liability for the deletion or failure to store any communications, or Materials. Company reserves the right at any time and from time to time modify or discontinue, temporarily or permanently, the Site and Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or services. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.
Co-Branding, Framing, Metatags and Linking
You may not co-brand the Site. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Company in such a manner as is reasonably likely to give the impression that you have the right to display, publish, broadcast, transmit, or distribute the Site or any of its content, including but not limited to Materials. You agree to cooperate with StudyGoals in causing any unauthorized co-branding immediately to cease.
You may not frame or use framing techniques to enclose any Materials, Site Content, or StudyGoals Marks without Company’s express written consent.
You may not include Company’s name or trademarks in any metatags or any other "hidden text" without Company’s express written consent. General Linking. You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site’s home page, during the Term, provided that you comply with all of the following:
The link must be a text-only link clearly marked "StudyGoals" or “ mystudygoals.com " or "www.mystudygoals.com";
The link must "point" to the URL <http://www.mystudygoals.com> and not to any other page within or without the Site;
The link, when activated by any Person, must display the Site full-screen and not within a "frame" on the linking or any other site;
The link shall not portray Company or its products or services in any false, misleading, disparaging or otherwise offensive manner;
The link may not use any StudyGoals Mark or other proprietary graphic or trademark as part of the link without Company’s prior express written permission; and
The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking or any other site.
Subject to applicable law, we reserve the right to revoke this license to link at any time in our sole discretion. Any unauthorized activity by you shall result in the immediate and automatic termination of your account and all permission, rights and/or licenses granted to you by StudyGoals, and may also result in such additional action as StudyGoals deems necessary to protect and enforce its legal rights.
Users and Foreign Copyright Law
Without limiting any other provision of this Agreement: all Users hereby represent and warrant that, as to any Material the User posts to the Site, the User has lawful authority to post such Material under the laws not only of the United States, but of all other nations on Earth.
If you believe that any of your exclusive rights under the copyright law of a nation other than the United States have been violated in a manner that constitutes infringement under such law, and that the allegedly infringing material is accessible on the Site or through StudyGoals, please provide our copyright agent with the following information:
Identification of the material that is claimed to be infringing;
Information reasonably sufficient for us to locate the material;
Information reasonably sufficient for us to contact you;
A citation to the foreign law under which you claim infringement; and
A statement that you are the owner of the exclusive right allegedly infringed.
By providing foreign copyright owners with this procedure, Company makes no admissions and accepts no affirmative obligation to take or refrain from taking any action; Company does not intend to waive or alter any applicable provisions of law, treaty or convention; nor does Company accept or submit to venue or jurisdiction anywhere other than in the United States. StudyGoals merely acknowledges that, in a global society, the resolution of disputes is best served by clear communication and the exchange of relevant information.
Users and California Law
This section applies to Users who are subject to the laws of the state of California. You agree to comply with California Education Code sections 66450 - 66452 and any associated regulations. You acknowledge and represent that you have read and understand those provisions. Which appear here. If StudyGoals receives a complaint that you have violated any of these provisions, StudyGoals may take whatever action it deems appropriate under the circumstances, including but not limited to privatizing your content and/or terminating your StudyGoals account. You also understand that you could be subject to other penalties outside of StudyGoals's control. Without limiting any other provision of this Agreement, you agree to and hereby do indemnify StudyGoals, its principals, officers, agents, employees, licensees, assigns Advertisers and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach by you of the above these California provisions.
By accepting this Agreement you expressly warrant and represent the following to StudyGoals and acknowledge that StudyGoals is relying upon such warranties and representations:
That all factual assertions you have made and will make to us are true and complete.
That you are deriving benefits from this Agreement and from using the Site.
That you have read, understand and agree to our Content Sharing policy.
That you have reached the age of majority and/or are otherwise competent to enter into this agreement; and that in any event you are at least 16 years of age.
That you have obtained and hold all rights, approvals, permits, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein, to grant StudyGoals the licenses set forth herein and, if you are an Advertiser, to sell and deliver any goods or services you offer in any advertisement on the Site.
That no other rights, approvals, permits, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant StudyGoals the licenses set forth herein or, if you are an Advertiser, to sell and deliver any goods or services you offer in any advertisement on the Site.
That if your Materials contain any copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials; and that your Materials do not otherwise infringe on the personal, privacy, publicity or intellectual property rights of any Person.
That neither your Materials nor the act of posting or sharing them on the Site violates any common law or statutory patent, copyright, privacy, publicity, trademark, trade secret or any other right, of any Person or entity; that your Materials are not obscene; and that posting or sharing your Materials on the Site is not actionable at law or equity.
That you will not post Materials or engage in any other conduct on the Site that would cause you to violate the law or any policies of your educational institution.
That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
You agree to sign and deliver to StudyGoals, without additional consideration, any additional documents that StudyGoals may request to confirm StudyGoals’s rights and your warranties and representations under this Agreement.
You acknowledge that StudyGoals is relying upon the representations, warranties and covenants you have made herein.
You agree to and hereby do indemnify StudyGoals, its principals, officers, agents, employees, licensees, Advertisers assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made in this Agreement.
Disclaimer of Warranties
Without limitation to other warnings and disclaimers in this Agreement or on this Site: You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that StudyGoals shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any Service.
StudyGoals provides no promise or assurance whatever that any of your advertisements or Materials will ever be accessed, viewed or used by other Users. A possibility exists that the Site or any Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or any Service. Although we attempt to ensure the integrity of the Site and its Services, we make no guarantees as to their completeness or correctness.
The Site and any Service may be discontinued at any time, without notice, and with or without reason or cause. StudyGoals disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any advertisement or Material. StudyGoals disclaims any and all responsibility for harm resulting from downloading, accessing or responding to any advertisement or Material on the Internet or through the Site.
STUDYGOALS DISCLAIMS ANY AND ALL RESPONSIBILITY, TO YOU AND ALL OTHERS, FOR HARM RESULTING FROM YOUR FAILURE TO ABIDE BY ANY LAW, POLICY OR OTHER LIKE PROVISION RESTRICTING THIRD-PARTY USE OF MATERIALS PREPARED BY EDUCATORS.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO WARNINGS AND DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, STUDYGOALS AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, "STUDYGOALS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. STUDYGOALS DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY SERVICE.
NO OPINION, ADVICE OR STATEMENT OF STUDYGOALS OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
STUDYGOALS DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
STUDYGOALS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND FOR ALL CHARGES RELATED THERETO.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
Limitation of Liability
NEITHER STUDYGOALS NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, "STUDYGOALS") ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS, BAD GRADES, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY SERVICE OR ANY LINKED SITE, EVEN IF STUDYGOALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL STUDYGOALS’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO STUDYGOALS TO ACCESS THE SITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY SERVICE, FROM INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY SERVICE (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF MATERIALS, OR OTHER SERVICES OR GOODS, ITEMS OR MERCHANDISE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL STUDYGOALS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com
Special Admonitions for International Use
We make no representation that products or services available on or through the Site or any Service are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site or any Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site or any Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or any Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.
Third Party Websites and Content
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions") provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at StudyGoals’s option.
This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns.
This Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof.
If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections. Provided, however, that if we are sued or joined in an action in any other court or forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any such claim.
Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, joint authorship, employment or franchise relationship between the Parties.
Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
No breach of this Agreement by StudyGoals shall be deemed material unless the Party alleging such breach shall have given StudyGoals written notice of such breach, and StudyGoals shall fail to cure such breach within ninety (90) days after its receipt of such notice. All notices required to be sent to StudyGoals under this Agreement shall be in writing and shall be sent by overnight delivery service, to StudyGoals, LLC., , Attention: Legal (or such other address or addresses as may be designated by StudyGoals herein).
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, California 95834, or by telephone at (800) 952-5210. The provider of service is StudyGoals, LLC., 986 Mission Street, Second Floor, San Francisco, CA 94103. There is no charge for using basic features of the Site. Charges for advertising and other premium services are available by contacting StudyGoals at the above address, Attention: Customer Service.
You agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Site, and/or (c) the use of the Site by any other Person using your account. StudyGoals may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
This Agreement has no intended third party beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other Person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Nothing in this paragraph or Agreement constitutes our consent to the assertion of personal jurisdiction over Company otherwise than in Wisconsin.
Acceptance of Electronic Contract
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any law that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
Additional provisions for Advertisers
StudyGoals makes no promise, warranty or guarantee whatever regarding results or the effectiveness of any advertisement you purchase. Once an advertisement has been posted to public view on the Site, StudyGoals will not refund any amounts paid for such advertisement, for any reason. StudyGoals must receive payment in full for each advertisement before such advertisement will be posted to public view on the Site.