THIS AGREEMENT WAS LAST UPDATED AND POSTED ON DECEMBER 22, 2010
WE MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON OUR WEBSITE. AT OUR SOLE DISCRETION, WE MAY POST NOTICES ON THE HOMEPAGE OF OUR WEBSITE WHEN SUCH CHANGES OCCUR; HOWEVER, YOU SHOULD CHECK BACK HERE OFTEN TO CONFIRM THAT YOU STILL AGREE WITH ANY CHANGES AS SUCH CHANGES USUALLY BECOME EFFECTIVE UPON THEIR POSTING, UNLESS OTHERWISE SPECIFIED. .
The terms “us” or “we” or “our” refers to StudyBoost, the owner of this Website.
A “Visitor” is someone that merely browses our Website.
A “Member” is someone who has registered with our Website to use our Service.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”. We may refer to Content uploaded by our Members as “Member Content.”
Our Intellectual Property
You understand and agree that our Website, Software, and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website, Software, and related technologies other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that StudyBoost and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.
Right to Refuse Membership
StudyBoost has sole discretion in determining whether to accept a Member to our Website and may refuse membership to our Service to anyone without the need to provide explanation. StudyBoost has no liability whatsoever for such refusal.
No Liability for Access by Minors
StudyBoost is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website and Service but would otherwise be prohibited due to the minor’s age.
Use of Social Network and Chat Programs
General Content Disclaimer
The opinions expressed on our Website or Service are strictly those of the person who gave them and are no way endorsed or otherwise supported by StudyBoost, other than that they appear on our Website or Service. You understand and agree that you rely upon any content found on our Website or Service solely at your own risk. Individual content provided by Members represents their own ideas and positions and are not in any way edited by StudyBoost, though we may remove content that is abrasive, inflammatory, racial, or violates state or federal laws. However, StudyBoost has no obligation to update any content on our Website or Service, and we do so at our sole discretion. Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
StudyBoost is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Website, Service, or caused by users of them, or in connection with third parties or by any of the equipment or programming associated with or utilized in our Website or Service. Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website or Service. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Service. StudyBoost is not responsible for the conduct, whether online or offline, of any user of the Website or Service.
Our Website and/or Service may be temporarily unavailable from time to time for maintenance or other reasons. StudyBoost assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications in your use of our Website or Service. StudyBoost is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website or Service, loss of Member Content on our Website or Service, and lost or undeliverable email. Under no circumstances will the StudyBoost be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Service, or any interactions between users of our Website or Service, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND/OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. STUDYBOOST AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OR SOFTWARE AS FOUND ON OUR WEBSITE OR SERVICE. STUDYBOOST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICE. STUDYBOOST DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON WEBSITE OR SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVICE, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH OUR WEBSITE OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
STUDYBOOST AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE, SERVICE, AND CONTENT PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICE, OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL STUDYBOOST OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, SERVICE, OR CONTENT, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICE, EVEN IF THE STUDYBOOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STUDYBOOST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STUDYBOOST FOR THE PURCHASE GIVING RISE TO LIABILITY.
StudyBoost has no special relationship with or fiduciary duty to you. You acknowledge that StudyBoost has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release StudyBoost from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. StudyBoost makes no representations concerning any Content contained in or accessed through the Site, and StudyBoost will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE AND ADD-TO LINK ARE PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. STUDYBOOST, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): STUDYBOOST MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. StudyBoost will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on StudyBoost’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Waiver of Liability for Links to Other Websites
Our Website or Service may contain links to other websites. You understand and agree that StudyBoost has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that StudyBoost is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
Monitoring and Removal of Information
You understand and agree that StudyBoost reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages and chats that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by members of our Website. You understand and agree that StudyBoost is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current members, unauthorized users, hackers, etc. Furthermore, you also understand and agree that StudyBoost is not responsible for the use of any personal information that a Member may choose to post on our Website. However, you understand and agree that StudyBoost reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Promotional Lists and Newsletters
You understand and agree that by using our Website and Software, your name may be placed on promotional lists to receive emails regarding our Website and Software, news from our affiliates, and the StudyBoost newsletter. If at any time you no longer wish to receive such emails, please visit the "Account Settings" section of our Website.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from StudyBoost or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website or Service, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website or Service. Furthermore, you understand and agree that StudyBoost is no way liable for the content contained therein and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Rules of Conduct While Using Our Website and Software
All users of our Website and Software understand and agree to the following rules of conduct while using our Website and/or Software:
A. You agree to use our Website, its content, and our Software solely for its intended purposes only.
C. You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.
D. You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Software.
E. You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
F. You agree to not use automated scripts to collect information from or otherwise interact with the Software or our Website.
G. You agree to not use our Website or Service to “stalk” or otherwise harass another person.
H. You agree to not harvest or collect email addresses or other contact information from users of our Website and Service for the purposes of sending unsolicited emails or other unsolicited communications.
I. You agree to not upload, post, or otherwise transmit any Content to StudyBoost, our affiliates, our Website or Service, or our Visitors and Members:
1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
2. That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party. You upload, post, or otherwise transmit any content 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.
4. That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
5. That intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
6. That collects or stores personal data about other users, through programmatic or any other means.
7. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
9. That makes publicly available on our Website or Service, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
10. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose StudyBoost and its users to any harm or liability.
J. For Members, you agree that any links you provide in content that you post on our Website conforms to the terms of all legal agreements as posted on our Website.
K. For Members, you agree that while we do not claim ownership in any of your content, when you post content to our Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to StudyBoost an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
L. For Members, you agree that your interaction with our Website and use of our Service in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between StudyBoost and you.
M. For Members, you agree to provide us with a current email address that you have access to and actively monitor, both at the time of registration with us, and to update us from time to time when your email changes.
N. For Members, you agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.
O. For Member, you agree to not attempt to use another Member’s account without direct authorization from StudyBoost.
P. For Members, you agree to not register for more than one Member account or to register for a Member account on behalf of an individual other than yourself.
You agree to indemnify StudyBoost and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website and Software.
Release of Personal Information
Donations or Payments for Service
You represent and warrant that when you donate or otherwise pay StudyBoost for using our Service that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that if we require payment to use our Service and you fail to make timely payment for using our Service, we reserve the right to suspend your Member account until payment is made. If such payment is not made within forty-five (45) days of due date, we may even terminate your Member account.
While we actively support fighting payment fraud, StudyBoost has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Service, donation made, etc. However, if you start a charge-back process regarding any donation or payment for our Service, StudyBoost reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
Termination/Cancellation of Your Account
For Members, you understand and agree that if you violate any provision of this Agreement, StudyBoost may, solely at its discretion, terminate your account. In most cases, if StudyBoost does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account profile. However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.
Should you voluntarily wish to cancel your account, you understand and agree to provide StudyBoost with notice prior to cancellation. You understand and agree that any such cancellation is not effective until StudyBoost receives such notice. In the event of cancellation or termination of your account, you understand and agree that any Member Content you have uploaded may be removed or remain on our Website or Service, at our sole discretion. You understand and agree that you will be locked out of the Service and your access to it immediately terminated. You understand and agree that you will lose your profile and other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account. Once your account is terminated, regardless of the nature of termination, StudyBoost reserves the right to remove your account information from our Website with NO liability or notice to you.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Website or Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Brooklyn, New York, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. StudyBoost may seek any interim or preliminary relief from a court of competent jurisdiction in the State of New York, United States, necessary to protect the rights or property of StudyBoost pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Brooklyn, New York, United States, and shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement does not create or otherwise confer any benefits to any third parties other than StudyBoost and you. StudyBoost may sell its business without providing prior notice to you. Our rights under this Agreement shall survive any termination of this Agreement.
Questions About This Agreement
If you have any questions about our Terms & Conditions, please contact us using the Contact form as found on our Website.