License and Site Access
StudySync® grants the Customer, for the Term of this Agreement and in the Territory (both defined by the individual subscription agreement between Company and Customer), a limited, non-exclusive, terminable, and nontransferable license to access and make personal use of the Sites and Content and not to download (other than necessary for page viewing) or modify the Sites or Content, or any portion of thereof, except with Company's express written consent. The Customer may not make any resale or commercial use of the Site or the Content; any collection or use of any product listings, descriptions, or prices; any derivative use of the Site and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Sites and Content or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold, or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, videos, or form) of StudySync® without our express written consent. The Customer may not disassemble, decompile, or reverse engineer any online components of the Sites or Content nor take any action, whether intentional or unintentional, that may circumvent, disable, damage or impair StudySync® control or security systems nor allow or assist a third party to do so. The Customer shall only use the Sites and Content in a manner that does not disparage the Sites, Content, or StudySync® or otherwise use the Sites or Content in any manner that StudySync® may, in its sole discretion, deem inappropriate. Any unauthorized use of the Sites automatically terminates your permission or license to use our Sites. All rights not expressly granted to Customer are reserved to StudySync, and all uses of the Content by you not expressly permitted hereunder are prohibited.
You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Site for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity. StudySync® attempts to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
The Sites may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products, or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
To the extent you access any of the Content online, you shall have a valid username, password, and passcode for such purposes (the “Log-In Information”). You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Customer or duly assigned student user of the Customer. You are responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Sites or Content by unauthorized persons using Log-In Information. Unauthorized access to or use of the Content by someone using a Customer or duly assigned student user of Customer Log-In Information may be attributed to such Customer.
Our Sites and the Content are owned by or licensed to StudySync, subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. StudySync® reserves all rights to the Content, and by using the Content, even as permitted hereunder, you do not gain any ownership interest in the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Sites or the Content.
StudySync® trademarks, the StudySync® logo, and any other product or service name or slogan contained in the Sites and the Content are trademarks, trade dress, and service marks of Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Company or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "StudySync" or any other name, trademark, service mark, or product or service name of StudySync® without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, are the service marks, trademarks, and/or trade dresses of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names, and company names or logos mentioned in the Sites or Content are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof, nor does it imply their endorsement of us.
Copyright Policy and Complaints
StudySync® respects the intellectual property of others. If you believe that any material on the Sites or any use of the Sites infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on the Site;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of StudySync® or any third party.
Disclaimer of Warranties and Limitation of Liability
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMPANY'S SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STUDYSYNC DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY'S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM STUDYSYNC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDYSYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY'S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL COMPANY'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY BY THE INJURED PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHLL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim. Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys' fees and all other costs).
California residents waive any rights they may have under Â§1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code Â§1542 or under any other statute or common law principle of similar effect.
Disputes and Applicable Law
Changes and Severability
Communication with StudySync
You agree to receive communications from us electronically regarding your account, this Agreement and the Sites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.