Terms of Use

Terms of Use

BookheadEd Learning, LLC, a California limited liability company (“Company”) owns and operates, without limitation, the websites www.bookheaded.com, www.studysync.com, and www.studysync.net. StudySync® is a subscription-based online educational supplement developed and distributed by Company. These Terms of Use refer to Company throughout as “Company,” “StudySync®,” “we,” or “us”. StudySync® provides access to and use of its websites (the “Sites”) to students, parents, teachers, schools, school districts, and other organizations or consortia subject to the following terms and conditions. All visitors to or users of the Sites are referred to herein as “Customer” or “you.” Visiting or otherwise using any of the Sites or content obtained directly or indirectly from StudySync® constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the site or use any of its contents. Please read these Terms of Use carefully.

 

Privacy Policy

Please review the StudySync® Privacy Policy that also governs your visits to the Sites and use of the content found on the Sites, including without limitation, the text, software, graphics, images, sounds, music, videos, e-mails, text messages, and social network and all accompanying information and documentation (“the Content”). By visiting or using the Sites or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.


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.

Customer may use the Sites and Content for bona fide educational and research purposes only and not in any commercial or for-profit manner. StudySync® reserves the right, in its sole discretion, to limit or terminate Customer's use of the Sites or the Content if, in our sole discretion, we deem Customer's use of the Sites or Content to be inconsistent with education and research purposes or inconsistent with these Terms of Use. Customer acknowledges and agrees that the Sites and Content possess a special, unique, and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use and that unauthorized use may cause immediate and irreparable damage to Company for which Company would not have an adequate remedy at law. Therefore, Customer agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Company, Company shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

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.

 

User Account

If you wish to register to use the Sites you must enter into a User Agreement with us, and you must continue also to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please note: StudySync® is in the business of producing and selling of educational content and products designed for minors. However, StudySync® sells its products to adults, who, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. If you are under 18, you may use the Content and the Sites only with authorization and supervision of a school administrator, teacher, parent, or legal guardian. StudySync® reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion. In case of a conflict between these Terms of Use and the User Agreement, the specific provisions of the User Agreement shall supersede the conflicting term of these Terms of Use.

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.

 

Intellectual Property

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.

Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you or any user authorized by you e-mails, text messages, posts, or transmits through the Site (excluding personally identifiable information of students), including, without limitation, questions, comments, suggestions, notes, answers to questions, assignment submissions, reviews, ratings, and any other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant StudySync® a non-exclusive, royalty-free, perpetual, Universal, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your or your authorized user's Communications on the Site or elsewhere for our business purposes without any expectation of privacy in your Communications or those of your authorized users. We are free to use the name of your school, school district, school district consortium, or organization, and any ideas, concepts, techniques, opinions, and know-how of any description in your Communications for any purpose, including, but not limited to, the development, marketing, and use of products and services based on the Communications. StudySync® may, but is not obligated to, monitor or review any areas of the Sites where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, social networks, groups, communities, and other user forums. StudySync, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, copyright, defamation, privacy, obscenity, or otherwise. StudySync® retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

 

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:

Send the notification to us as follows:
info@studysync.com
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.

 

Indemnity

You agree to indemnify, defend, and hold Company and its affiliates, and their respective directors, officers, employees, shareholders, agents, suppliers, customers, and users of the Sites and Content (collectively, the "StudySync® Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including reasonable legal fees) incurred by any StudySync® Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Site or the Content by you or anyone within your control.

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 §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 §1542 or under any other statute or common law principle of similar effect.


Disputes and Applicable Law

By visiting the Site(s), you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Company. Any dispute relating in any way to your visit to or use of the Site(s) or of the Content, products, or services sold or distributed by Company or through Company shall be solely adjudicated in the District Court of the State of California in Sonoma Country, California or in the U.S. Federal District Court located in San Francisco, California, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.

 

Changes and Severability

We reserve the right to make changes to the Sites, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Communication with StudySync

info@studysync.com
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.