Terms of Use

Terms of Use Last Updated: August 29, 2021

Privacy Policy Last Updated: August 29, 2021

 

Registering for StudyGoals is free. We want to make sure you completely understand what using StudyGoals is all about. So please email us at help@mystudygoals.com if anything is unclear.

Individuals with Disabilities

If you are a person with a disability who requires a reasonable accommodation, please contact help@mystudygoals.com.

Welcome to StudyGoals! Before using our website, mobile application, and other services (together, the “Services”, “our Services”), it is important that you carefully read the following agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.

 

THESE TERMS OF SERVICE (THE “TERMS”) ALONG WITH OUR PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF STUDYGOALS’ SERVICES. BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 16 YEARS OLD UNLESS YOUR PARENT(S) OR GUARDIAN(S) HAVE PROVIDED THE NECESSARY CONSENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

Disclaimer

USERS AND TUTORS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS AND TUTORS. STUDYGOALS’ DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR TUTORS. STUDYGOALS DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR TUTORS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR TUTORS. STUDYGOALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR TUTORS OR A TUTOR’S TUTORING ABILITY WITH ANY CURRENT OR FUTURE USERS. STUDYGOALS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

Accessibility

StudyGoals is committed to accessibility for all Users, including persons with a disability who require a reasonable accommodation. If you discover any part of the Services or any StudyGoals tool or website is inaccessible, you agree to notify StudyGoals of the issue so that we can provide assistance and correct the problem. You further agree that you will provide a reasonable amount of time to StudyGoals to provide you with such accommodation before taking any additional action against StudyGoals, that such notice and time are a material provision of this Agreement, and that you will be responsible for any damages incurred by StudyGoals as a result of your failure to comply with this condition, including but not limited to attorney’s fees and costs, including such fees incurred on appeal.

 

Account Creation

In order to use certain features of StudyGoals’ Services, you must register for an account and provide certain information about yourself as prompted by the account registration form. Users who would like to provide tutoring services may be required to provide additional information to become Tutors. For more details, please review our Privacy Policy. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by contacting us. We may suspend or terminate your account as described in detail below.

 

Content

You are solely responsible for the content and information that you Post (share, upload, publish, link to, transmit, record, display, email, or otherwise make available on the Services) or transmit to other Users, including any type of Content (text messages, chat, videos including streaming videos, photographs, or profile text, whether publicly posted or privately transmitted). You may not post as part of the Services, or transmit to StudyGoals or any other user, either on or off the Service, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Services and grant the licenses set forth below. You understand and agree that StudyGoals may, but is not obligated to, monitor or review any Content you Post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.

 

Your Duties

You shall take all necessary precautions in all interactions with other users, particularly if you decide to i) communicate with any User or Tutor outside the use of the Services; ii) meet any Tutor or User in person, or iii) send money to another User or Tutor. You agree that you will not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair StudyGoals. In addition, you agree not to use the Services to:

  • Post any content that StudyGoals deems to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

  • Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity

  • Provide ratings or feedback that are fake, false, or misleading, or otherwise inaccurately represent the Services you received or provided and your personal experience

  • Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

  • Post 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 another

  • Harm any person or entity in any way

  • Use or attempt to use another's account, service or system without authorization from StudyGoals

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services

  • Post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements

  • In any way violate the honor code or code of conduct of any institution to which you belong

  • Aid or encourage a Tutor or User to violate the honor code or code of conduct of the institution to which a User or Tutor belongs

  • Discontinue your use of the Services but continue to receive similar services from your Tutor, or otherwise attempt to circumvent StudyGoals’ provision of its Services or its operation in any way

  • • Use the Services as a marketplace for services other than tutoring (such as essay writing, completion of a User or Tutor's assignments, etc.)

 

Use by Children Under 16

The Children’s Online Privacy Protection Act (“COPPA”) requires that all online service providers, including StudyGoals, obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. We do not knowingly collect or solicit any personally identifiable information from children under the age of 16, except with the appropriate consent as set out below. Children under the age of 16 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information as soon as reasonably practicable. If you believe that a child under the age of 13 has provided personally identifiable information to us without the necessary consent, please contact us as soon as possible at help@mystudygoals.com.

 

Student and Child Data

StudyGoals is subject to certain laws and regulations, some of which are described below. Please visit our Privacy Policy for more information on how we collect, use, and safeguard “Data.”

  • (a) StudyGoals seeks to comply with all applicable federal and state student privacy laws and regulations. We will provide access to Sensitive Information pertaining to students or children only to our employees and subcontractors who reasonably need to access the data for us to provide the Services to you

  • (b) “Sensitive Information” means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 (“SOPIPA”).

 

No Warranty

StudyGoals makes no warranties or guarantees, either express or implied, regarding your ultimate experience with the Services, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose; as to the usefulness, quality, suitability, truth, accuracy, or completeness of the application or the Services provided by a Tutor scheduled through our Services; that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from your use of the Services will be accurate or reliable; about the quality of any Services, Content, or information obtained through StudyGoals' Services; that the Services will meet your expectations or requirements; or that any errors in StudyGoals' Services will be corrected.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Assumption of Risk

You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from StudyGoals' Services, including any damages resulting from computer viruses.

 

Copyright Protection and Data Retention

By posting Content as part of the Services, you automatically grant to StudyGoals, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by StudyGoals will not infringe or violate the rights of any third party.

If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • 1. your physical or electronic signature;

  • 2. identification of the copyrighted work(s) that you claim to have been infringed;

  • 3. identification of the material on our services that you claim is infringing and that you request us to remove;

  • 4. sufficient information to permit us to locate such material;

  • 5. your address, telephone number, and e-mail address;

  • 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

Use of Tutoring Services

Your use of the Services is at your sole risk unless otherwise explicitly stated. Our Services are provided on an "as is," "as available," and "with all faults" basis. By using our Services, you acknowledge and agree that Tutors are not employed by StudyGoals, a specific student government association, university or other educational institution. Tutors listed in our Services and Users registering through the Services have NOT been screened by StudyGoals. You assume all responsibility for conducting reference or background checks for any Tutor or User. StudyGoals recommends that tutoring sessions take place in visible public locations. Tutoring sessions can take place in both structured and unstructured settings. You assume all responsibility for personal safety and security. Tutors listed in StudyGoals' database shall be contacted only for tutoring purposes. Soliciting or contacting Tutors for other purposes is strictly prohibited. Tutoring is not meant to replace formal instruction.

 

Terms of Tutoring Transactions

By using our Services and booking a tutoring session, you agree to pay all costs associated with tutoring sessions scheduled through us. These costs include but are not limited to: the hourly rate as listed; travel or transportation related to your tutoring session; and any cancellation fees noted in a Tutor's profile. Any promotional credit or referral code must be applied to your account prior to a tutoring session in order for it to apply. It is your responsibility to verify the promotional balance and estimated cost before a tutoring session. StudyGoals reserves the right to revoke promotional credit, or the privilege of using a promotional credit, at any time. All promotional credits must be used for tutoring sessions unless otherwise specifically expressed in the promotion. Any misrepresentation or fraud, including related to use of promotional credit, will be prosecuted to the fullest extent of the law.

 

Tutors

If you submit information to become a Tutor, anyone with access to the Services may view your information on your Tutor Profile, which should be considered public. StudyGoals does not guarantee that a certain number of Users or a specific individual will view a Tutor Profile, nor does StudyGoals guarantee that a Tutor will be contacted for Tutoring. If you register as a Tutor, you are certifying that the information you provide is true and accurate and that you have the proper qualifications and expertise in the subjects you select at the time of registration. You are solely responsible for the form and Content of all information provided and all information included in your Tutor Profile. You further agree:

 

Tutor Information

Tutor shall use all reasonable efforts to protect any User's interest in the information and keep it confidential, using a standard of care no less than the degree of care that Tutor would be reasonably expected to employ for his/her own similar confidential information. In particular, Tutor shall not directly or indirectly disclose, allow access to, transmit or transfer the information to a third party without the User's prior written consent. Tutor shall disclose the information only to those persons who have a need to know the information for the purpose and who have been approved by the User to receive the information. Tutor shall, prior to disclosing the information, issue appropriate instructions to them to satisfy its obligations herein and obtain their written agreement to receive and use the information on a confidential basis on the same conditions as contained in the agreement.

 

Applicable Laws

Tutor understands and agrees that he/she is subject to all federal and state laws relating to the confidentiality of User information. Tutor further agrees to comply with the FERPA. Tutor shall regard all User information as confidential and will not disclose the User information to any third party unless required by law.

 

Conduct

In conducting sessions, Tutors:

  • Will conduct tutoring sessions in a safe and respectful manner

  • Will have the right to refrain from sharing his/her personal information with the User (except for information already disclosed on the Tutor Profile)

  • May refuse to meet with Users who make them feel uncomfortable or are disrespectful

  • Will make good faith efforts to act in the best interest of the User

  • Will not speak with outside parties regarding a User's performance

  • Will uphold any code of conduct and academic integrity policies of any institution which User or Tutor is a member

  • Will not continue to provide substantially similar Services to any User a Tutor met through StudyGoals outside of our platform, or otherwise attempt to circumvent StudyGoals’ provision of its Services or its operation in any way

  • Will work to resolve conflicts that may arise between Tutors and Users and other invested parties, including advisors or instructors

  • Will exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices

  • Will establish clear expectations about the tutoring session

  • Will fulfill all commitments to tutoring sessions including being on-time and prepared with appropriate materials to

  • facilitate the tutoring session

  • Will not guarantee grades or academic outcomes from tutoring sessions

 

Non-commercial Use by Users

Our Services are for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by StudyGoals; or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without the user’s prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose unless otherwise agreed in writing by StudyGoals. StudyGoals may investigate and take any available legal action in response to illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.

 

Mobile Application

App Stores: You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and StudyGoals and not with the App Store. StudyGoals, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce the terms of this Agreement.

Additional Terms for Apple App Store Sourced Applications: With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  • You acknowledge and agree that (i) this Agreement is concluded between you and StudyGoals only, and not Apple, and (ii) StudyGoals, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between StudyGoals and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of StudyGoals.

  • You and StudyGoals acknowledge that, as between StudyGoals and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • You and StudyGoals acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between StudyGoals and Apple, StudyGoals, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

  • You and StudyGoals acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

  • • Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

Customer Service

StudyGoals provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If StudyGoals feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

 

Indemnity

You agree to indemnify and hold StudyGoals and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the Services (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

 

Term and Termination

This Agreement will remain in full force and effect as long as you access the Services or maintain an account with StudyGoals. You may request to terminate your account at any time, for any reason. StudyGoals reserves the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, at our sole and absolute discretion. Upon such termination or suspension, you will not be entitled to any refund for any amounts billed for Services. StudyGoals is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

StudyGoals will retain your data, including chat logs to enable access to discussions with your Tutors after your scheduled sessions, for as long as your account is active. If your account is terminated, StudyGoals will delete your information within a commercially reasonable time after your account has been terminated.

 

Deletion of Sensitive Information

Upon termination of your Account, you may request that we delete personal information from our live databases by making your request through your school and we agree to take commercially reasonable steps to honor such request in a reasonable amount of time not to exceed ninety (90) days. You understand and agree that we may continue to have Sensitive Information in archive files or similar databases. You further agree that we have no obligation to delete aggregated or de-identified information. We may retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal and state laws and regulations.

 

Dispute Resolution; Mandatory Arbitration

Please read this Arbitration Agreement carefully. It is part of your contract with StudyGoals and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by StudyGoals that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to StudyGoals should be sent to: [mailing address]. After the Notice is received, you and StudyGoals may attempt to resolve the claim or dispute informally. If you and StudyGoals do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, StudyGoals will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or StudyGoals pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and StudyGoals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and StudyGoals

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and StudyGoals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND STUDYGOALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with StudyGoals.

(m) Small Claims Court. Notwithstanding the foregoing, either you or StudyGoals may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Alachua County, Florida for such purpose

 

Limitation of Liability

To the fullest extent permitted by law, StudyGoals, its affiliates, and its partners are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if we have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use our Services; the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Services; statements or conduct of any other party related to our Services, including, without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, false or fraudulent transactions, or conduct of any other User; or Content or information you may download, use, modify, or distribute. Wherever the law prohibits StudyGoals' absolute exemption from liability, StudyGoals' total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to StudyGoals, less any compensation paid to Tutors, by you in connection with your access to the Services.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Notice

You consent to have this Agreement and all notices provided to you in electronic form. StudyGoals may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You are advised to print a copy of this Agreement for User's records. To receive a non-electronic copy of this Agreement, please contact StudyGoals at

help@mystudygoals.com

 

Disclosures

StudyGoals Registered Agent is located at the following address: 1420 Southlake Plaza Dr., Morrow, GA, 30260. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

Entire Agreement; Other

This Agreement contains the entire agreement between you and StudyGoals regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. The failure of StudyGoals to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Content related to your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind StudyGoals in any manner.

 

Amendment

This Agreement is subject to change by StudyGoals at any time for any reason, and such modifications will be effective upon posting to any website or mobile application controlled by StudyGoals and accessed by you. Your continued use of the Services after any such changes constitutes your acceptance of any modifications. If you do not agree to abide by these or any future Terms of Use, you must not use or access the Services. It is your responsibility to regularly review this Agreement.

 

Contact Us

If you have any questions about StudyGoals' Terms of Use or the practices of StudyGoals, please contact StudyGoals at

help@mystudygoals.com

Last Updated on August 29, 2021