Effective: March 29, 2013
For certain aspects of the Site or the Services, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
Company may disclose information to trusted affiliates, independent contractors, and partners, who may use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, Company may transfer information collected from users in connection with a sale or restructuring of Company.
Permitted User Content Posted on the Site
We welcome your comments regarding the Site and the Service. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “User Content”) shall be, and remain, the exclusive property of Company. Your submission of any such User Content shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Content. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, articles, forms, product ideas, computer code or other original materials.
You are solely responsible for such User Content you provide to Company or post on the Site or the Service. Company accepts no responsibility whatsoever in connection with, or arising from, such User Content. You agree that Company accepts no liability whatsoever if it decides, in its discretion, to prevent your User Content from being submitted or if it edits, restricts or removes any User Content for any reason. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
Company does not endorse and has no control over, User Content. User Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to such User Content or its accuracy and reliability, and assumes no responsibility for actively monitoring the Site for inappropriate User Content. Company reserves the right to prevent you from submitting User Content to the Site, and to edit, restrict, or remove such User Content for any reason at any time. Company may choose, in its sole discretion, to monitor the Site; however, Company assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of any User submitting any User Content.
You should exercise discretion before relying on information contained on the Site, including User Content. You agree to evaluate, and assume all risks associated with the use of any information contained on the Site or Service, including, without limitation, any risk relating to any reliance on the accuracy, completeness or usefulness thereof.
The Site is not a backup service for storing User Content, and Company has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site or the Service.
You hereby represent, warrant, and covenant that any materials submitted to the Site by you are your own independent creation, solely and exclusively created by you without assistance from or by any third party, and do not infringe, in whole or in part, on any patent, copyright, trademark, or other intellectual property or proprietary rights of any third party.
In the event that you post any User Content or provide any feedback via the Site, you hereby make the following additional representations and warranties to Company: (1) you are owner of such User Content or feedback or otherwise have the right to grant Company the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content or feedback and to grant the foregoing licenses or assignments; (3) the User Content or feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or feedback does not contain any personally identifiable information about third parties, in violation of such parties’ rights; (4) the use of any User Content or feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content or feedback is true and accurate.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit the Site, you are subject to the policies of the new web site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.
You shall not (nor cause any third party to) use the Site or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
- that would constitute fraud;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- interfering with or disrupting the Site or the Service;
- disrupting the activities or enjoyment of the Site or the Service for other users;
- collecting or storing personal data about other users;
- use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
- use of the Site to gain competitive intelligence about Company, the Site, or any product or service offered via the Site or to otherwise compete with Company or its affiliates;
- framing or otherwise simulating the appearance or functions of the Site or any portion thereof; or
- harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.
Company (or its partners) may charge a fee to post or access Content or for other features, products, services, or licenses. You are responsible to Company (or its partners) for any fees applicable to Content that you post or other features, products, services or licenses you purchase or that are purchased through any account created through Company (or its partners) for using or accessing the Site or the Services. You authorize Company (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Company (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Company (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
Release / Indemnification
You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.
Exclusion of Warranties / Disclaimer
To the maximum extent allowed by law, the site or the service, and any company content are provided “as is” and “as available,” and at your sole risk. Although Company uses reasonable efforts to ensure that the information contained on the site and through the service is as accurate as possible, Company gives no warranty of any kind regarding the site or the service, or company content posted or otherwise made available therein. Further, Company does not warrant the accuracy, completeness, currency, or reliability of any company content that the results obtained from the use of the site or the service or company content will be accurate or reliable, or that the quality of the site or the service or company content will meet your expectations. Company expressly disclaims all warranties, representations, conditions, undertakings, or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the site, the service or company content will be error-free or that such errors will be corrected.
Any company content or other material downloaded or otherwise obtained through the use of the site or the service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such company content or material.
Limitation of Liability
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) the cost of procurement of substitute products and service resulting from the inability to access or utilize any products, data, information or service purchased or obtained or messages received or transactions entered into through or from the site or the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the site or the service. in no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the site or the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
Term and Termination
In addition to any other method of termination or suspension provided for in this Agreement, Company reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to Company of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Site and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
Governing Law and Other Miscellaneous Terms
Changes to Our Policies
This Site is operated by Company. All inquiries may be directed to:
Varsity Tutors, LLC
101 S. Hanley Rd, Suite 300
St. Louis, MO 63105
Copyright and Copyright Notices
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site sufficient to
- allow us to locate the allegedly infringing material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Company’s Copyright Agent for Notice of Claims of copyright infringement at: email@example.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Eastern District of Missouri and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.