Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE iStudyforSuccess WEBSITE.
This domain and site, iStudyforSuccess[.com] (herein, “Site”) is controlled and operated by iStudyforSuccess, L.L.C., a Georgia Limited Liability Company (referred to herein as “Company”, “We”, or “Us”). The Site provides a web-based Study Skills Program to registered users. (“Service”). These Terms of Service(herein, the “Agreement”) are an integral part of the Site and govern the use of the Site and the Service and all content and functionality that resides in iStudyforSuccess.com. In this Agreement, you will be referred to as “you”. When you comply with the provisions captioned “Registration Obligations” you will be a “ User” or “ Registered User”. We hope you enjoy being a User of iStudyforSuccess.com.
CONSENT TO AGREEMENT BY ACCESS OR USE. By accessing and using this Site, you are hereby agreeing to be legally bound by this Agreement, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to this Site. All such guidelines and rules are hereby incorporated by this reference into these Terms of Service CHANGES TO TERMS OF SERVICE. The Company reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time, and from time to time. Changes and/or modifications shall become effective immediately upon the posting of them on the Site. Please review this Agreement periodically to keep yourself apprised of any changes. Your continued use of the Site or the Service following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions, including but not limited to all changes, and modifications to the Terms of Service.
STRICT COMPLIANCE AND TERMINATION OF ACCESS. Use of this Site and/or the Service is subject to strict compliance with this Agreement. You acknowledge and agree that the Company may terminate your access to the Site and the Service should you fail to strictly comply with the Terms and Conditions or any other guidelines and rules published by the Company. Any such termination shall be in the Company’s sole discretion and may occur without notice. We also reserve the right to terminate any User’s access to iStudyforSuccess for any conduct that iStudyforSuccess, in its sole discretion, believes is or may be directly or indirectly harmful or potentially harmful to other users, to iStudyforSuccess or to third parties, or for any conduct that violates or may violate any local, state, federal, or foreign laws or regulations. The Company further reserves the right to condition, restrict or terminate any User’s access to iStudyforSuccess or the Service without reason, in iStudyforSuccess’ sole discretion, upon notice. If your or any User’s access to the Site or the Service is conditioned, restricted or terminated, you or the User shall not be entitled to reimbursement of any monies or fees paid to the Company, and you shall still be bound by all of the other parts of this Agreement, including but not limited to the provisions of this Agreement concerning Limitation of Warranties, Limitation of Liability, Release of Claims and Indemnification.
ALL SALES FINAL. Once you purchase the Program and Service which allows you to access the Site, you are not entitled to a refund for any reason. All sales are final upon your submission of your purchase request. There are no refunds for any reason.
HYPERLINKS. You shall not create a “hypertext” link to this Site and you agree not to portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that the 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 the use of or reliance on any such third party sites. and you shall still be bound by all of the other parts of this Agreement, including but not limited to the provisions of this Agreement concerning the Limitation of Warranties, Limitation of Liability, Release of Claims, and Indemnification.
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the iStudyforSuccess website. In particular, you shall not:
• use any portion of the iStudyforSuccess website or the Service for any unlawful purpose;
• hold yourself out as sponsored by, endorsed by, or affiliated with the iStudyforSuccess site;
• attempt to gain unauthorized access to iStudyforSuccess’ database or other computer systems;
• attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by iStudyforSuccess in connection with the iStudyforSuccess website or the Service.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of iStudyforSuccess.
NON COMMERCIAL USE BY MEMBERS. The Site is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
TRADEMARKS AND SERVICE MARKS. iStudyforSuccess and Empowering Students…Unlocking Potential are trademarks or service marks of the Company., and may not be copied, imitated or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.
CONTENT. All of the content or information available in iStudyforSuccess is created by the Company. iStudyforSuccess does, may from time to time, t to edit, delete, modify, or alter in any way any such information or content at its sole discretion. iStudyforSuccess retains the right to re-use, copy, and/or reproduce any information or content posted on its Site by you or communicated by you to the Company.
PROPRIETARY RIGHTS AND COPYRIGHT. We have expended substantial time, effort, and funds to create iStudyforSuccess and the Service. All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and all other content on the site (collectively, the “Site Content”) are the property of the Company, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All elements of the Site Content are the copyrighted property of the Company. All rights reserved. No copyrighted material or other Site Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Site Content via a third party website or other networked computer environment) in ways other than those expressly enabled by iStudyforSuccess without the express prior written consent of iStudyforSuccess.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide iStudyforSuccess’ copyright agent the written information specified below: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) 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; (6) 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. Notice of claims of copyright infringement on the Site can be reached as follows: Info@ iStudyforSuccess.com.
You may not “mirror” any material contained on this Site on any other server without prior written permission from Us. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
DOWNLOADABLE MATERIALS. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of iStudyforSuccess, and/or its suppliers and affiliates. If you download software from this Site or Service, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.
LIMITED ACCESS. Except as otherwise expressly permitted by the Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Site or the content contained therein or the Service without the Company’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure.
ADDITIONAL RESTRICTIONS. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by the Company (the “Services”) which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at email@example.com. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:
a. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
e. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit 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 nondisclosure agreements;
f. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
h. upload, post, e-mail or otherwise transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. 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, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. “stalk” or otherwise harass another;
m. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and
n. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
DISCLAIMER OF WARRANTIES.
THE SITE AND THE SERVICE ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, AND QWIZZY’S WORLD, L.L.C. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW,THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL ON THE SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY THE COMPANY, THE SERVICE OR THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA [INCLUDING BUT NOT LIMITIED TO THE RESTORATION OF DATA, AND CLAIMS FOR INTERRUPTION, DELAY OR DAMAGES] THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR OR THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE, SERVICE OR ANY CONTENT.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY USER OR ANY OTHER PERSON FOR DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, OR THE RESTORATION OR REPLACEMENT OF LOST DATA, DELAY CLAIMS, CLAIMS OR FOR INTERRUPTION OF BUSINESS, OR FOR EXEMPLAY OR PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO YOU, ANY USER OR ANY OTHER PERSON WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR SITE, OR ANY INFORMATION, CONTENT OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT, SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER CONTENT OR OTHER CONTENT STORED IN ISTUDYFORSUCCESS.
THIS LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY IN ALL CIRCUMSTANCES, INCLUDING BUT NOT LIMTIED TO CLAIMS, DAMAGES, DEMANDS OR LOSSES ARISING FROM OR RELATING TO (I) THE USE OR MISUSE OF AND RELIANCE ON THE SERVICE, (II) FROM INABILITY TO USE THE SERVICE, (III) FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); AND (IV) FROM THE NEGLIGENCE OF THE COMPANY.
THIS LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL ALSO FULLY APPLY WITH RESPECT TO CLAIMS, DAMAGES, DEMANDS, OR LOSSES (I) INCURRED BY REASON OF OTHER SERVICES, GOODS OR CONTENT RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE (II) BY REASON OF ANY INFORMATION, ADVICE, OR CONTENT RECEIVED THROUGH OR ADVERTISED ON THE SITE; (III) INFORMATION, ADVICE OR CONTENT RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNITY AND RELEASE.
By using the Site and the Service you agree to indemnify Company, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of iStudyforSuccess, your use of the Service, or from any person’s use of any account or password you maintain with any portion of iStudyforSuccess, regardless of whether such use is authorized by you. By using iStudyforSuccess, using the Service, you are hereby agreeing to release Company. and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site or the Service.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES”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.”
LIMITATION OF ACTIONS. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to the Company, your access of or use of iStudyforSuccess , the Site, or the Service must be asserted and filed within one (1) year from the date the claim or cause of action accrues.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES. Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to This Agreement, the Company, access of or use of the Site and the Service shall be construed in accordance with, the laws of the State of Georgia applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user’s use of the Site or the Service shall be settled 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 Atlanta, Georgia and judgment on the arbitration award may be entered into in any state or federal court in Georgia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Georgia having jurisdiction thereof. Except as set forth above, the state and federal courts of Georgia shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any user’s use of the Site or the Service. By using the Site or the Service and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in Georgia with respect to all such disputes.
EXPORT COMPLIANCE. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, U.S. export restrictions.
MISCELLANEOUS. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed amended to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Georgia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws).