Welcome to Studybuddypro.com.
- ONLINE CONDUCT
User agrees to use the studybuddypro.com Website and Mobile Apps only for lawful purposes. User is prohibited from posting on or transmitting through the studybuddypro.com Website and Mobile Apps any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If studybuddypro.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the studybuddypro.com Website and Mobile Apps (collectively “Content”) provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, studybuddypro.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the studybuddypro.com Website and Mobile Apps. studybuddypro.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the studybuddypro.com Website and Mobile Apps; or (iii) to protect the rights or property of studybuddypro.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “studybuddypro.com Providers”) and any other User.
Studybuddypro.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, studybuddypro.com, the studybuddypro.com Website and Mobile Apps, the communities that make up the studybuddypro.com Website and Mobile Apps, or any rights of studybuddypro.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no studybuddypro.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no studybuddypro.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the studybuddypro.com Website and Mobile Apps.
studybuddypro.com®, Casebriefs® are trademarks or service marks. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of studybuddypro.com and its licensors used on the studybuddypro.com Website and Mobile Apps may not be used without prior written consent of studybuddypro.com or its licensor, as the case may be. Without limiting the foregoing, no studybuddypro.com trademark or trade dress may be used in connection with any product or service that is not studybuddypro.com’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits studybuddypro.com.
a. Proprietary Rights
User acknowledges that the studybuddypro.com Website and Mobile Apps contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and studybuddypro.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the studybuddypro.com Website to either a foreign national or a foreign destination in violation of such laws.
- AGE OF USERS
Studybuddypro.com does not intend the studybuddypro.com Website to be used by minors under the age of 13. Furthermore, studybuddypro.com does not market the studybuddypro.com Website and Mobile Apps for use by minors under the age of 13. Studybuddypro.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the studybuddypro.com Website are appropriate for view or access by such Users.
- TERMINATION OF USAGE
studybuddypro.com may suspend or terminate any User’s access to all or any part of the studybuddypro.com Website and Mobile Apps including any account thereon, without notice, for any reason in studybuddypro.com’s sole discretion, including without limitation studybuddypro.com’s belief that such access would violate any applicable law or would be harmful to the interests of any studybuddypro.com Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User’s studybuddypro.com account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s studybuddypro.com account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH STUDYBUDDYPRO.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO STUDYBUDDYPRO.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE STUDYBUDDYPRO.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE STUDYBUDDYPRO.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS; OR (IV) THAT THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF STUDYBUDDYPRO.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO STUDYBUDDYPRO.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS OR ANY RELATED SERVICES. THE OPERATION OF THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY STUDYBUDDYPRO.COM PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY STUDYBUDDYPRO.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STUDYBUDDYPRO.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS.
NO STUDYBUDDYPRO.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE STUDYBUDDYPRO.COM WEBSITE AND MOBILE APPS OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH STUDYBUDDYPRO.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
- APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida and of the United States of America located in the State of Florida for any litigation arising out of or relating to use of or purchase made through the studybuddypro.com Website and Mobile Apps (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.
- BINDING ARBITRATION